STATE, LONG TERM CARE OMBUDSMAN v. SYMONS

020791261; A152489.

333 P.3d 1170 (2014)

264 Or. App. 769

In the Matter of the Guardianship and Conservatorship of Phyllis M. Symons, a Protected Person. STATE of Oregon, LONG TERM CARE OMBUDSMAN, Appellant, v. Phyllis M. SYMONS and Molly K. Smith, Respondents.

Court of Appeals of Oregon.

Decided August 13, 2014.


Attorney(s) appearing for the Case

Carolyn Alexander , Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Matthew Whitman argued the cause and filed the brief for respondent Molly K. Smith.

No appearance for respondent Phyllis M. Symons.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Senior Judge.


SCHUMAN, S.J.

This case involves the long term care of a protected person, Symons, who was moved by her guardian and conservator, Smith, from one care facility to another. When Smith refused to disclose the address of the facility to which she had moved Symons, the Long Term Care Ombudsman (LTCO) petitioned the circuit court for an order compelling Smith to provide the LTCO with that information. The LTCO maintained that it had not only the legal authority to visit...

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