Appointment of conservator for incapacitated person.
(1) Upon petition by a person in accordance with ORS 33.715 alleging that an individual is incapacitated, the court shall appoint a conservator for the person subject to ORS 33.725 if:
(a) The court finds, after a hearing held pursuant to ORS 33.730, that the individual is incapacitated;
(b) The court finds that there is no interested person who is willing and able to serve as conservator; and
(c) The court finds that the appointment of a conservator is necessary to provide for the individual’s care, well-being or protection.
(2) The appointment of a conservator is not required for an individual whose sole apparent impairment of decision-making capacity or communication impairment arises solely from a physical condition that is reversible through curative or ameliorative treatment in the immediate future if:
(a) The individual’s guardian, if any, is empowered by court order to make decisions for the individual concerning matters affected by the individual’s apparent impairment of decision-making capacity or communication impairment; and
(b) The individual has a residential care facility or other person to provide day care that makes decisions for the individual concerning matters affected by the individual’s apparent impairment of decision-making capacity or communication impairment.