8/2/2023 9:55 AM

23PR01374

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IN THE CIRCUIT COURT OF THE STATE OF OREGON
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FOR THE COUNTY OF MULTNOMAH
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DEPARTMENT OF PROBATE
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g In the Matter of the Proposed Guardianship ) Case No.

and Limited Conservatorship of )
9 ) PETITION FOR APPOINTMENT OF A
l0 ) TEMPORARY GUARDIAN; PETITION
AUSTIN H. GRAHAM, ) FOR APPOINTMENT OF A GUARDIAN
11 ) OF AN ADULT FOR AN INDEFINITE
) PERIOD; PETITION FOR
l2 ) APPOINTMENT OF A LIMITED
) CONSERVATOR OF AN ADULT
T3 )
I4
) Filing Fee: $278.00
) References: ORS 21.180 (1)(a)
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Respondent. ) oRS l2s.0s5(1xb)

l6 Teresa A. H. Graham, Petitioner, alleges as follows:

I7 1.

18 The following information is given with regard to the Respondent, the Petitioner and the

t9 proposed Guardian and Limited Conservator:

20 Respondent Information :

2l Name: Austin H. Graham

Age/Date of Birth: 2TlJanuary 24,1996
22 Residence Address: 5565 SW Menefee Drive
Portland, OP.97239
23 Current Location: 5565 SW Menefee Drive
Portland, OR97239
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Telephone: (s03)244-444r
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Page 1 of 10 PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN; PETITION FOR
APPOINTMENT OF A GUARDIAN OF AN ADULT TOR AN INDEFINITE PENOD; PETITION FOR
APPOINTMENT OF A LIMITED CONSERVATOR OF AN ADULT
Oregon.Elder Law
2173 NE Broadway
Phone: (5U3)'284-6'l'18 i
t'ax: (866) 284-6444
Email: julie@oregonelderlaw.com
 1 Guardian

2 Name: Teresa A. H. Graham

Address: 5565 SW Menefee Drive
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Portland, OR97239
4 Telephone: (s03) 740-802s
Date of Birth: July 6,1964
5 Relationship to Respondent Mother

6 2.

7 The proposed Guardian and Limited Conservator has not been convicted of a crime, filed
8 for bankruptcy, caused any loss resulting in a surcharge under ORS 125.025 or a similar statute
9 or jurisdiction, been removed as a fiduciary, or had a license revoked or canceled that was
10 required by the laws of any state for the practice of an occupation or profession.
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3.

t2 The proposed Guardian and Limited Conservator is not a public or private agency, or an
13 organization that provides services to Respondent, and is not an employee of such an agency or
t4 organization.
15 4.

I6 The proposed Guardian and Limited Conservator is qualified, suitable and willing to serve
t7 in such capacity.
18 5.

t9 Respondent resides in Portland, Multnomah County, Oregon, at the time this action is
20 commenced, and venue for this proceeding lies in Multnomah County. No other court in the state
2I of Oregon has acquired jurisdiction in this matter.
22 6.

23 The persons entitled to notice of this petition are:

24 (a) Any Fiduciary appointed for the Respondent by a court of any state: None;
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(b) Any trustee established by or for the Respondent: None;
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Page 2 of l0 PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN; PETITION FOR
APPOINTMENT OF A GUARDIAN OF AN ADULT FOR AN INDEFINITE PERIOD; PETITION FOR
APPOINTMENT OF A LIMITED CONSERVATOR OF AN ADULT
Oregon Elder Law
2173 NE Broadway
Phone: (503) 284-6778 r Fax: (866) 284-6444
Email: julie@oregonelderlaw.com
 1

(c) Any appointed health care representative under ORS 127.505-127.0660: None;
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(d) Any person acting as attorney-in-fact for the Respondent under a power of
attorney: None;
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(e) Family members of the Respondent entitled to notice per ORS 125.060:
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Hunter S. Graham - Father
6 5565 SW Menefee Drive
Portland, OR97239
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(s03) 7s0-58ee
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Petitioner is seeking waiver of the two day notice as required by ORS 125.605 due to an
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immediate and serious danger to the Respondent. Notice and opportunity to object will be
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provided to all interested parties pursuant to ORS 125.060 and 125.605 within two days of the
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I2 appointment of the temporary guardian.

13 7.

t4 The names, addresses and telephone numbers of the Respondent's treating physicians are

15 as follows:

I6 Dr. Cesareo Amadeo Urbano Tongco II, MD - Primary Care Physician

Kaiser Beaverton Medical Office
t7 4855 SW Western Avenue
Beaverton, OR 97005
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(s03) 813-2000
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Treating Physician Unknown
20 Kaiser - Brookside Center
10180 SE Sunnyside Road
2t Clackamas, OR 97015
(s03) 813-2000
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In addition to the above providers, the following persons have information to support a
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Page 3 of 10 PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN; PETITION FOR
APPOINTMENT OF A GUARDIAN OF AN ADULT FOR AN INDEFINITE PERIOD; PETITION FOR
APPOINTMENT OF A LIMITED CONSERVATOR OF AN ADULT
Oregon Elder Law
2173 NE Broadway
Phone: (503) 284-67?8 s Fax (866\ 284-6444
Email: julie@oregonelderlaw.com
 1 finding that Respondent is incapacitated:

2 Teresa A. H. Graham Mother

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a 5565 SW Menefee Drive
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Portland, OR97239
4 (503) 740-802s

5 Hunter S. Graham - Father

5565 SW Menefee Drive
6 Portland, OR97239
(s03) 750-s899
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8 Tami Hillier - Aunt

7629 S. Hood Avenue
9 Portland, OR
(s03) 3 re-4626
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9.
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t2 Appointment of a temporary Guardian is sought because the Respondent is incapacitated,

t3 there is an immediate and serious danger to the life and health of the Respondent, and the welfare

l4 of the Respondent requires immediate action. The facts that support this request for a temporary
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Guardian are as follows:
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The Respondent is a twenty-seven year old man suffering from an acute mental health
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crisis. The respondent suffered a traumatic brain injury in 2018 and since then his family has
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observed a slow decline in his mental health. He has been unable to work and has primarily
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20 resided with his parents. In January of 2023, the Respondent's mental health took a sharp

2l decline. The Respondent started isolating in his bedroom and stopped talking to his family.

22 During this time he stopped eating and taking care of basic hygiene. The Respondent would not
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allow family in his room to perform basic cleaning. In late March, with the assistance of a
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counselor, family gave him a note that they would need to enter his room to remove decaying
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Page 4 of l0 PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN; PETITION FOR
APPOINTMENT OF A GUARDIAN OF AN ADULT FOR AN INDEFINITE PERIOD; PETITION FOR
APPOINTMENT OF A LIMITED CONSERVATOR OF AN ADULT
Oregon Elder Law
2173 NE Broadway
Phone: (503) 284-6778 ) Fax: (866) 284-6444
Email: julie@oregonelderlaw. com
 1 food. That evening, March 30th, the Respondent disappeared while family was sleeping. The

2 Respondent was out of contact with family for the next three months. During that period, family
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believes he travelled by plane and bus until he maxed out his credit limit. At that point, he
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became homeless. On June 26th,therespondent returned home. By then Respondent had lost a
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significant amount of weight and was traumatized from his time on the streets. He was so scared
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that he was unable to sleep for almost a full week. Respondent's mental health continued to
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8 deteriorate after his return home.

9 On July 21,2023, the Respondent reluctantly agreed to a voluntary admission at

10 Brookside at Kaiser Sunnyside. The following day, the Petitioner was contacted by the
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psychiatrist to let family know that the Respondent's symptoms were more than they could treat
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in the voluntary unit, and that Respondent would be discharged back to the emergency room for
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further evaluation.
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When the Respondent was informed of the transfer, he panicked, grabbed an employee's
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I6 badge, escaped through a fire door and escaped the locked unit. Kaiser security and police

t7 chased the Respondent, but the Respondent disappeared into the woods behind the hospital. At
18 that time he had no phone, identification or shoes. Family filed a missing person report but had
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no contact until Respondent was found early in the morning of July 23'd ata gas station. When
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family picked him up at the gas station he was bruised and injured. The Respondent's feet were
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injured to the point he was unable to walk. The Respondent continues to refuse medical care so
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family has been assisting him with his injuries at home.
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24 The Respondent is experiencing hallucinations. He has reported to family that the staff at

25 Kaiser was trying to force medications through the vents. He also reported that staff was raping

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Page 5 of l0 PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN; PETITION FOR
APPOINTMENT OF A GUARDIAN OF AN ADULT FORAN INDEFINITE PERIOD;PETITION FOR
APPOINTMENT OF A LIMITED CONSERVATOR OF AN ADULT
Oregon Elder Law
2173 NE Broadway
Phone: (503) 284-6778 r Fax: (866) 284-6444
Email: julie@oregonelderlaw.com
 1 other patients. Last night the Respondent reported that people were coming to get him and was

2 so convinced that he was unsafe he grabbed a knife for his protection. The Respondent is
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decompensating rapidly and requires immediate psychiatric care. Due to his paranoia, he will not
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consent to voluntary admission to the hospital. Guardianship is necessary as a means of
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consenting to treatment and medication.
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Waiver of notice is necessary and appropriate. The last two instances when the
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8 Respondent has been presented with notice; one informal note that his room would be cleaned,

9 and one by Kaiser doctors that he was returning to the emergency room, the Respondent fled. In

10 each of those instances he was unable to plan for his basic needs and placed himself in
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immediate danger. Prior notice will trigger Respondent causing a potentially unsafe escalation of
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another elopement onto the streets. The Respondent is highly vulnerable in his present mental
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state and return to the streets places his life in immediate danger.
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10.
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t6 A Guardian for an indefinite period is necessary because Respondent is incapacitated.

t7 That is, Respondent's ability to receive and evaluate information effectively or communicate is

18 impaired to such an extent that he presently lacks the capacity to meet the essential requirements
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for his physical health and safety. The Respondent presently has oomplex medical issues that
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remain unresolved. For the present, it appears that a guardian for an indefinite period is
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necessary. Family is hopeful that upon proper diagnosis, the Respondent will respond to
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treatment and return to his prior baseline. If that occurred, the Petitioner would seek termination
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24 of this proceeding.

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Page 6 of l0 PETITION FORAPPOINTMENT OF A TEMPORARY GUARDIAN; PETITION FOR
APPOINTMENT OF A GUARDIAN OF AN ADULT FOR AN INDEFINITE PERIOD; PETITION FOR
APPOINTMENT OF A LIMITED CONSERVATOR OF AN ADULT
Oregon Elder Law
2173 NE Broadway
Phone: (503) 284-6778 . Fax: (866) 284-6444
Email : julie@oregonelderlaw.com
 I 11.

2 The Petitioner is seeking plenary authority for the proposed Guardian, including the

J authority to consent to medication administration.

4 12.

5 There are no less restrictive alternatives than the appointment of a guardian. The

6 Respondent has no advance directive for health care.

7 13.

8 A limited conservatorship is necessary because Respondent is unable to manage his

9 financial resources effectively and there exist assets that require management and protection.

10 During his mental health crisis, the Respondent spent through a savings account established by

11 his parents in the amount of approximately $50,000.

l2 The Respondent has a small IRA that was established years ago that holds approximately

13 $21,000. The only reason it remains is the Respondent is unable to directly access the account

t4 without a phone or internet. The Respondent will likely require services from behavioral health
15 and Medicaid. In order to qualify for certain mental health programs, the Respondent will have

t6 to have less than $2,000. Petitioner does not wish the relatively small account to impede

l7 Respondent's accsss to any mental health program. Respondent is also not able to manage the

18 funds, should he gain access. For these reasons, transfer ofthese funds to a special needs trust is

I9 in the best interests of the Respondent.

20 Respondent is eligible to create and fund a special needs trust. Special needs trusts are

2I trusts that have specifically been authorizedby Congress and are used in planning for disabled

22 clients, as long as they meet certain statutory requirements. 42 U.S.C. $1396p(d)(4XA)

23 establishes that the resources in a special needs trust are excluded as long as: 1) the trust contains

24 the assets of an individual under the age 65 who is disabled ; 2) the trust is created by the

25 individual, a parent, grandparent, legal guardian of the individual, or a court; and, 3) the State

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of l0 PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN; PETITION FOR
Page 7
APPOINTMENT OF A GUARDIAN OF AN ADULT FOR AN INDEFINITE PERIOD; PETITION FOR
APPOINTMENT OFA LIMITED CONSERVATOROF AN ADULT
Oregon Elder Law
2173 NE Broadway
Phone: (503) 284-677 8 . F ax: (866) 284-6444
Email: julie@oregonelderlaw.com
 1 will receive all amount remaining in the trust upon the death of such individual up to an amount
2 equal to the total medical assistance paid on behalf of the individual. In this case, the trust will be

J funded with the assets of an individual who is under the age 65 and is disabled. The trust will
4 also provide that the State receives all amounts remaining in the trust upon the death of the

5 beneficiary, up to an amount equal to the total medical assistance paid on behalf of the

6 beneficiary.

7 In this matter, the parents have statutory authority to create the special needs trust for the

8 benefit of the Respondent. Petitioner is seeking her appointment as limited conservator for the

9 sole purpose of liquidating the Respondent IRA account and depositing the net amount into a

10 special needs trust for the benefit of the Respondent. There is no on-going need for a full
l1 conservatorship because the Respondent has no other income or assets to manage. Upon deposit

I2 of the funds in the special needs trust and providing proof of that funding to this Court, the

13 Petitioner is seeking her discharge as limited Conservator.

t4 14.

15 Because this is a limited conservatorship for purposes of marshalling assets and creating

T6 a Special Needs Trust for the Respondent's benefit, Petitioner is seeking waiver of bond.

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15.
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To the best of Petitioner's knowledge, the Respondent is not receiving money paid or
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payable by the United States through the Department of Veterans Affairs. The Respondent is not
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presently receiving services through the state of Oregon through the Department of Human
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Services Seniors and People with Disabilities.
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t6.
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No visitor has previously been appointed in the matter by the Court.
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17.
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WHEREFORE, Petitioner prays for a Limited Judgment and Order of this Court as
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Page 8 of l0 PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN; PETITION FOR
APPOINTMENT OF A GUARDIAN OF AN ADULT FOR AN INDEFINITE PERIOD; PETITION FOR
APPOINTMENT OF A LIMITED CONSERVATOR OF AN ADULT
Oregon Elder Law
2173 NE Broadway
Phone: (503) 284-6778 | Fax: (866) 284-6444
Email: julie@oregonelderlaw.com
 I follows:

2 (a) Appointing Teresa A. H. Graham as temporary Guardian of Austin H.

J Graham, with the authority to exercise the plenary powers and duties of a Guardian as set

4 forth in ORS Chapter 125, for a period not to exceed thirty days, unless by further order

5 of the Court;

6 (b) Directing that Letters of Temporary Guardianship issues to Teresa A. H.

7 Graham;

8 (c) Waiving the requirement of two day notice as required by ORS I25.650

9 due to an immediate danger to the Respondent;

10 (d) Requiring notice to be provided in accordance with ORS 125.060 to the

11 Respondent and all interested parties within two days of entry of the judgment appointing

t2 the temporary guardian;

13 (e) Appointing Teresa A. H. Graham as limited Conservator of Austin H.

I4 Graham with specific authority to liquidate the Respondent's Vanguard IRA and fund a

15 special needs trust for the benefit of the Respondent;

t6 (0 Waiving the requirement of bond;

t7 (g) Directing that Letters of Conservatorship issue to Teresa A. H. Graham

18 upon appointment;

T9 (h) Upon filing proof of the funding of the Special Needs Trust for the

20 Respondent, directing the limited conservator to file a general judgment discharging the

2T limited conservator and closing the limited conservatorship only;

22 (i) Appointing Teresa A. H. Graham as Guardian of Austin H. Graham for an

23 indefinite period, with the authority to exercise the plenary powers and duties of a

24 Guardian set forth in ORS Chapter 125; and,

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Page 9 of l0 PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN; PETITION FOR
APPOINTMENT OF A GUARDIAN OF AN ADULT FOR AN INDEFINITE PERIOD; PETITION FOR
APPOINTMENT OF A LIMITED CONSERVATOR OF AN ADULT
Oregon Elder Law
2173 NE Broadway
Phone: (503) 284-6778 t Fax: (866) 284-6444
Email: julie@oregonelderlaw.com
 1 (j) Directing that Leffers of Guardianship issue to Teresa A. H. Graham upon

2 appointment.
a
J I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE
BEST OF'MY KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND IT IS MADE
4 FOR USE AS EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR
PERJURY.
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&a
6 DATED: this/ day of August,2023

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H. Graham,
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18 PETITIONER: ATTORNEY FOR PETITIONER:
Teresa A. H. Graham Julie Meyer Rowett, OSB #043604
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5565 SW Menefee Drive Oregon Elder Law
20 Portland, OPt97239 2173 NE Broadway
(s03) 740-802s Portland, Oregon 97232
2l Phone: (503)284-6778 ) Fax: (866) 284-6444
E-mail : j ulie@oregonelderlaw. com
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Page l0 of l0 PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN; PETITION FOR
APPOINTMENT OF A GUARDIAN OF AN ADULT FOR AN INDEFINITE PERIOD; PETITION FOR
APPOINTMENT OF A LIMITED CONSERVATOR OF AN ADULT
Oregon Elder Law
2173 NE Broadway
Phone: (503) 284-677 8 ) F ax: (866) 284-6444
Email : julie@oregonelderlaw. com