125.075, on a motion of the Long Term Care Ombudsman or upon the court�s own motion, the court may order a modification of the powers or authority of the fiduciary or termination of the protective pro

125.075, on a motion of the Long Term Care Ombudsman or upon the court�s own motion, the court may order a modification of the powers or authority of the fiduciary or termination of the protective proceedings.

����� (4)(a) When the Long Term Care Ombudsman files a motion under this section, the ombudsman shall disclose to the court only:

����� (A) Such information as is allowed under ORS 441.407; and

����� (B) The minimum amount of protected information about the resident who is the subject of the motion that the ombudsman believes in good faith is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of a resident of a long term care facility, residential facility or adult foster home.

����� (b) Any protected information disclosed by the ombudsman under this subsection shall remain confidential and must be identified and marked by the ombudsman as confidential and protected information that is subject to the requirements of this subsection.

����� (c) Protected information disclosed under this subsection is subject to inspection only by the parties to the proceeding and their attorneys as provided in paragraph (d) of this subsection. Protected information disclosed under this subsection is not subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause.

����� (d) The court may enter an order allowing inspection of protected information subject to disclosure under this subsection upon the filing of a written request for inspection and the payment of any fees or costs charged to copy the protected information.

����� (e) Notwithstanding ORS 125.155 (4), to the extent that the report of a visitor appointed by the court under ORS 125.150 contains protected information that is subject to the requirements of this subsection, the report in its entirety shall be considered subject to the requirements of this subsection and may be disclosed only as provided in paragraphs (c) and (d) of this subsection.

����� (5) If the guardianship is for a vulnerable youth:

����� (a) The court may modify the guardianship upon motion of the protected person or upon the court�s own motion. The motion seeking to modify the guardianship must be supported by a declaration setting forth the facts. The motion and supporting declaration must be served on the guardian and, if appropriate, any proposed guardian.

����� (b) A guardian may seek to have the guardianship modified at any time by filing a motion with the court that is supported by a declaration establishing that a substantial change has occurred in the circumstances of the protected person or the guardian and that the requested modification would serve the best interests of the protected person. [1995 c.664 �13; 2017 c.633 �1; 2021 c.399 �7]

����� 125.090 Termination of proceedings. (1) A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding is filed and a fiduciary opposes the motion. The fiduciary has the burden of proving by clear and convincing evidence that a protected person continues to be incapacitated or financially incapable if a motion to terminate a protective proceeding is filed and the fiduciary opposes the motion. A visitor must be appointed if a motion for termination of a guardianship is filed and objections are filed to the motion. A visitor may be appointed if a motion for termination of a conservatorship is filed.

����� (2) The court may terminate protective proceedings upon motion after determining any of the following:

����� (a) The appointment of a fiduciary or other protective order was made because the protected person was a minor, and the protected person has attained the age of majority.

����� (b) The appointment of a fiduciary or other protective order was made because the protected person was incapacitated, and the protected person is no longer incapacitated.

����� (c) The appointment of a fiduciary or other protective order was made because the protected person was financially incapable, and the protected person is no longer financially incapable or the conditions of ORS 125.535 have been met.

����� (d) The protected person has died.

����� (e) The best interests of the protected person would be served by termination of the proceedings.

����� (f) If the appointment of a guardian was made because the protected person was a vulnerable youth:

����� (A) The protected person has attained 21 years of age;

����� (B) The protected person moved the court to terminate the guardianship; or

����� (C)(i) The guardian or other person moved the court to terminate the guardianship;

����� (ii) The motion is supported by a declaration establishing that a substantial change has occurred in the circumstances of the protected person or of the guardian; and

����� (iii) The best interests of the protected person would be served by termination of the guardianship.

����� (3) The court shall terminate a protective proceeding by entry of a general judgment. [1995 c.664 �14; 2005 c.568 �37; 2021 c.399 �8]

����� 125.095 Fees, costs and disbursements payable in protective proceedings. (1) Funds of a person subject to a protective proceeding may be used to pay reasonable fees, costs and disbursements to any visitor, attorney, physician, fiduciary or temporary fiduciary for services related to the protective proceeding or for services provided on behalf of a fiduciary, respondent, petitioner, cross-petitioner, objector or protected person.

����� (2) Prior court approval is required before the payment of fees from the funds of a person subject to a protective proceeding when the payment is to:

����� (a) A physician if the fees are incurred for services relating to proceedings arising out of the filing of an objection to a petition, cross-petition or motion.

����� (b) An appointed fiduciary, except that prior court approval is not required before payment of fees to a conservator if the conservator is a trust company that has complied with ORS 709.030, or if the conservator is the Department of Veterans� Affairs.

����� (c) Any attorney who has provided services relating to a protective proceeding, including services provided in preparation or anticipation of the filing of a petition in a protective proceeding.

����� (3) Subject to ORS 125.495 to 125.520, prior court approval is not required before:

����� (a) Payment of attorney fees incurred prior to the filing of a petition in a protective proceeding for services unrelated to the protective proceeding; or

����� (b) Payment for services provided by an attorney who is hired as a mediator for mediation services related to a protective proceeding.

����� (4) A pleading that alleges a basis for payment of attorney fees is not required before payment of attorney fees is approved or made under this section.

����� (5) ORCP 68 does not apply to requests for approval and payment of attorney fees made under this chapter. [1995 c.664 �15; 1997 c.631 �409; 2005 c.625 �65; 2013 c.99 �1]

����� 125.098 Factors in determining award of attorney fees; appeal. (1) As used in this section, �party� means a person represented by an attorney when a request for court approval and payment of attorney fees has been made relating to a protective proceeding under ORS 125.095.

����� (2) A court shall consider the following factors in determining whether to award attorney fees under ORS 125.095:

����� (a) The benefit to the person subject to the protective proceeding by the party�s actions in the proceeding, which factor shall be given the greatest weight in the court�s consideration under this section.

����� (b) The objective reasonableness of the position asserted by the party.

����� (c) The party�s self-interest in the outcome of the proceeding.

����� (d) Whether the relief sought by the party was granted in whole or in part, subject to the respondent�s right to contest the proceeding.

����� (e) The conduct of the party in the transactions or occurrences that gave rise to the need for a protective proceeding, including any conduct of the party that was reckless, willful, malicious, in bad faith or illegal.

����� (f) The extent to which an award of attorney fees in the proceeding would deter others from asserting good faith positions in similar proceedings.

����� (g) The extent to which an award of attorney fees in the proceeding would deter others from asserting meritless positions in similar proceedings.

����� (h) The objective reasonableness of the party and the diligence of the party and the attorney during the proceeding.

����� (i) The objective reasonableness of the party and the diligence of the party in pursuing settlement of the dispute.

����� (j) Any other factor the court may consider appropriate under the circumstances of the proceeding.

����� (3) A court shall consider the factors specified in subsection (2) of this section in determining the amount of an award of attorney fees under ORS 125.095. In addition, the court shall consider the following factors in determining the amount of an award of attorney fees:

����� (a) The time and labor required in the proceeding, the novelty and difficulty of the issues involved and the skill needed to provide the legal services.

����� (b) The likelihood that the acceptance of the employment on behalf of the party by the attorney would preclude the attorney from other employment, when the likelihood should be apparent or was made apparent to the party.

����� (c) The fee customarily charged by an attorney in the locality for similar legal services.

����� (d) The time limitations imposed by the party or the circumstances of the proceeding.

����� (e) The experience, reputation and ability of the attorney providing the legal services.

����� (f) The amount of the attorney fees requested relative to the estate of the person subject to the protective proceeding, whether or not the estate of the person subject to the protective proceeding is subject to the direct or indirect control of a conservator.

����� (4) Except as provided in subsection (2)(a) of this section, no single factor listed in subsections (2) and (3) of this section shall be controlling in the court�s determination regarding attorney fees under this section.

����� (5) In an appeal from the award of or denial of a request for attorney fees under ORS 125.095 and this section, the court reviewing the award may not modify the decision of the court below in making or denying an award, or the decision of that court as to the amount of the award, except upon a finding of an abuse of discretion. [2013 c.99 �3; 2015 c.127 �1]

PROTECTED PERSON SPECIAL ADVOCATE

����� 125.120 Protected person special advocate; appointment; duties; immunity; access to records and information; qualifications, standards and procedures. (1) At any time after a presiding judge issues a court order described in subsection (5) of this section and after the appointment of a fiduciary that is not a financial institution or trust company as defined in ORS 706.008, the court, on its own motion or on the motion of any person who is interested in the affairs or welfare of the protected person, may appoint a volunteer to serve as a protected person special advocate.

����� (2) The protected person special advocate shall:

����� (a) Investigate and evaluate the protected person�s circumstances to establish whether the fiduciary is fulfilling the fiduciary duties and obligations with which the fiduciary has been charged;

����� (b) Inform the fiduciary of support services and resources available in the community to assist in the care and welfare of the protected person;

����� (c) Provide a written report to the court of the findings of the protected person special advocate, in a form approved by the court, and provide copies of the report to all persons entitled to notice under ORS 125.060; and

����� (d) Perform any other duties, responsibilities or functions as ordered by the court.

����� (3)(a) A person appointed as a protected person special advocate shall perform the duties, responsibilities and functions of a protected person special advocate as a volunteer and is not entitled to compensation or reimbursement for expenses from the court, the protected person or the protected person�s estate.

����� (b) A person appointed as a protected person special advocate is immune from any liability for acts or omissions or errors in judgment made in good faith in the course or scope of the person�s duties, responsibilities and functions as a protected person special advocate.

����� (4) Subject to any law relating to confidentiality and as specified in the court�s order appointing the protected person special advocate, the special advocate may inspect and copy records and information related to the health, mental health, finances, education and welfare of the protected person as is necessary to perform the duties, responsibilities and functions of the special advocate. Records and information inspected and copied by the special advocate under this subsection may be disclosed only for the purpose of performing the duties, responsibilities and functions specified in the court�s order appointing the special advocate.

����� (5)(a) Before a court may appoint protected person special advocates, the presiding judge shall by court order establish:

����� (A) Qualifications for persons serving as protected person special advocates; and

����� (B) Standards and procedures to be used by protected person special advocates in the performance of their duties, responsibilities and functions.

����� (b) Protected person special advocates may be employees of the court but may not have any personal interest in the protected person or any pecuniary or financial interest in the proceedings. [2014 c.39 �2]

VISITORS

����� 125.150 Appointment of visitors. (1)(a) The court shall appoint a visitor upon the filing of a petition in a protective proceeding that seeks the appointment of:

����� (A) A guardian for an adult respondent;

����� (B) A guardian for a minor respondent who is more than 16 years of age, in cases where the court determines there is the likelihood that a petition seeking appointment of a guardian for the respondent as an adult will be filed before the date that the respondent attains majority, in accordance with ORS 125.055 (6)(a), or as an adult; or

����� (C) A temporary fiduciary who will exercise the powers of a guardian for an adult respondent.

����� (b) Notwithstanding paragraph (a) of this subsection, if a petition in a protective proceeding seeks the appointment of a guardian for a respondent because the respondent is, or, if the respondent is a minor, will be a vulnerable youth, the court in its discretion may appoint a visitor.

����� (c) The court may appoint a visitor in any other protective proceeding or in a proceeding under ORS 109.329.

����� (2) A visitor may be an officer, employee or special appointee of the court. The person appointed may not have any personal interest in the proceedings. The person appointed must have training or expertise adequate to allow the person to appropriately evaluate the functional capacity and needs of a respondent or protected person, or each petitioner and the person to be adopted under ORS 109.329. The court shall provide a copy of the petition and other filings in the proceedings that may be of assistance to the visitor.

����� (3) A visitor appointed by the court under this section shall interview a person nominated or appointed as fiduciary and the respondent or protected person, or each petitioner and the person to be adopted under ORS 109.329, personally at the place where the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329, is located.

����� (4) Subject to any law relating to confidentiality, the visitor may interview any physician, naturopathic physician or psychologist who has examined the respondent or protected person, or each petitioner under ORS 109.329, the person or officer of the institution having the care, custody or control of the respondent or protected person, or each petitioner under ORS 109.329, and any other person who may have relevant information.

����� (5) If requested by a visitor under subsection (4) of this section, a physician, naturopathic physician or psychologist who has examined the respondent or protected person, or each petitioner under ORS 109.329, may, with patient authorization or, in the case of a minor respondent, with the authorization of the minor�s parent or the person having custody of the minor, or in response to a court order in accordance with ORCP 44 or a subpoena under ORCP 55, provide any relevant information the physician, naturopathic physician or psychologist has regarding the respondent or protected person, or each petitioner under ORS 109.329.

����� (6) A visitor shall determine whether it appears that the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329, is able to attend the hearing and, if able to attend, whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329, is willing to attend the hearing.

����� (7) If a petition is filed seeking the appointment of a guardian for an adult respondent, a visitor shall investigate the following matters:

����� (a) The inability of the respondent to provide for the needs of the respondent with respect to physical health, food, clothing and shelter;

����� (b) The location of the respondent�s residence and the ability of the respondent to live in the residence while under guardianship;

����� (c) Alternatives to guardianship considered by the petitioner and reasons why those alternatives are not available;

����� (d) Health or social services provided to the respondent during the year preceding the filing of the petition, when the petitioner has information as to those services;

����� (e) The inability of the respondent to resist fraud or undue influence; and

����� (f) Whether the respondent�s inability to provide for the needs of the respondent is an isolated incident of negligence or improvidence, or whether a pattern exists.

����� (8) If a petition is filed seeking the appointment of a fiduciary, a visitor shall determine whether the respondent objects to:

����� (a) The appointment of a fiduciary; and

����� (b) The nominated fiduciary or prefers another person to act as fiduciary.

����� (9) If a petition is filed seeking the appointment of a conservator in addition to the appointment of a guardian, a visitor shall investigate whether the respondent is financially incapable. The visitor shall interview the person nominated to act as conservator and shall interview the respondent personally at the place where the respondent is located.

����� (10) A visitor shall determine whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329, wishes to be represented by counsel and, if so, whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329, has retained counsel and, if not, the name of an attorney the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329, wishes to retain.

����� (11) If the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329, has not retained counsel, a visitor shall determine whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329, desires the court to appoint counsel.

����� (12) If the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329, does not plan to retain counsel and has not requested the appointment of counsel by the court, a visitor shall determine whether the appointment of counsel would help to resolve the matter and whether appointment of counsel is necessary to protect the interests of the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329. [1995 c.664 �16; 2003 c.89 �1; 2003 c.227 �5; 2003 c.579 ��3,4; 2015 c.176 �1; 2017 c.356 �10; 2021 c.399 �9]

����� 125.155 Visitor�s report. (1) A visitor shall file a report in writing with the court within 15 days after the visitor is appointed. The court may grant additional time for filing the visitor�s report upon a showing of necessity and good cause.

����� (2) The report of the visitor appointed at the time a petition is filed requesting the appointment of a fiduciary must include the following:

����� (a) A statement of information gathered by the visitor relating to the correctness of the allegations contained in the petition, whether the appointment of a fiduciary is necessary and whether the nominated fiduciary is qualified and willing to serve.

����� (b) The name, address and telephone number of each person interviewed for the report, the date of the interview and the relationship of the person interviewed to the respondent.

����� (c) The recommendations of the visitor with regard to the suitability of the nominated fiduciary, any limitations that should be imposed on the fiduciary and the need for further evaluation.

����� (d) The recommendation of the visitor on any issue the court specifically asks the visitor to investigate regarding the propriety of appointing a fiduciary for the respondent.

����� (e) The visitor�s determinations required by ORS 125.150.

����� (f) Any express communication made by the respondent relating to the desires of the respondent regarding representation by counsel.

����� (g) Any express communication made by the respondent with respect to whether the respondent is willing to attend a hearing, wishes to contest the appointment of a fiduciary, objects to the nominated fiduciary or prefers another person act as fiduciary.

����� (3) The State Court Administrator may prescribe one or more forms to be used by visitors for filing their reports.

����� (4) As soon as possible after a report is filed with the court under the provisions of this section, the clerk of the court shall mail copies of the report to any person who has filed with the court a specific request for a copy of the report. A request made under ORS 125.060 (3)(b) does not meet the requirements of this subsection unless the request specifically requests a copy of the visitor�s report.

����� (5) The visitor must be present at the hearing on any objections to the appointment of a fiduciary. A visitor is entitled to reasonable compensation for attendance at the hearing. The court shall notify the visitor of the time and place of any hearing on objections to the appointment. [1995 c.664 �17; 2003 c.227 �6]

����� 125.160 Subsequent appointment of visitor. At any time after the appointment of a fiduciary, the court may appoint a visitor. The court may require the visitor to perform any duty the visitor could have performed if appointed at the time the fiduciary was appointed, including interviewing relevant persons, examining relevant records, reporting in writing to the court and being present at any hearing. [1995 c.664 �18]

����� 125.165 Qualifications and standards for visitors. (1) A presiding judge shall by court order establish:

����� (a) Qualifications for persons serving as visitors for the court, in addition to those qualifications established by this section; and

����� (b) Standards and procedures to be used by visitors in the performance of their duties.

����� (2) A visitor may be an employee of the court. The visitor may not have any personal interest in the respondent or protected person, or any pecuniary or financial interest in the proceedings, if those interests could compromise or otherwise affect the decisions of the visitor. A visitor may not receive compensation for services rendered as a fiduciary for two or more protected persons at the same time who are not related to the fiduciary.

����� (3) A visitor must:

����� (a) Have the training and expertise adequate to allow the person to conduct the interviews and make the recommendations required under ORS 125.150 and 125.155, to communicate with, assess and interact with respondents and protected persons, and to perform the other duties required of a visitor; and

����� (b) Demonstrate sufficient knowledge of the law so as to be able to inform a respondent or protected person of the nature and effect of a protective proceeding, to inform a respondent or protected person of the rights of the respondent or protected person in the protective proceeding, to answer the questions of a respondent or protected person and to inform fiduciaries concerning their powers and duties. [1999 c.775 �10; 2003 c.227 �2]

����� 125.167 Visitor immunity from liability. A person appointed as a court visitor is immune from any liability for acts, omissions or errors in judgment, if the act, omission or error in judgment is made in good faith and within the scope of the person�s duties, responsibilities or functions as a court visitor. [2025 c.144 �2]

����� 125.170 Payment and reimbursement for visitor services. (1) Not more than once each calendar year, the court may charge a respondent or protected person for any visitor services provided during the year. The court may order reimbursement to the state from the assets of the respondent or protected person for the cost of any interview or report unless the court finds that the assessment would impose a hardship on the respondent or protected person. If the respondent or protected person is receiving public assistance or medical assistance, as defined in ORS 414.025, there is a rebuttable presumption that charging a respondent or protected person for the services of a visitor would impose a hardship.

����� (2) The presiding judge by court order shall establish fees for visitors conducting interviews and preparing reports.

����� (3) All amounts collected under this section in reimbursement for visitor services shall be forwarded to the State Court Administrator and are continuously appropriated to the State Court Administrator. Funds appropriated to the State Court Administrator under this section may be used by the State Court Administrator for the purpose of funding visitor services provided under ORS 125.150 and