Title 125 · ORS Chapter 125

125.080, broken out by case subtype. �� (3) The department, in consultation with the Oregon Public Defense Commission, shall also include in the report described in subsection (2) of this section,

Citation: ORS 125.080

Section: 125.080

125.080, broken out by case subtype.

�� (3) The department, in consultation with the Oregon Public Defense Commission, shall also include in the report described in subsection (2) of this section, to the extent the data is available:

�� (a) The number of cases with court-appointed counsel where payment for court-appointed counsel was from the assets of the respondent or protected person, broken out by case subtype; and

�� (b) The aggregate number of hours court-appointed counsel spent representing respondents or protected persons and the average number of hours court-appointed counsel spent per case. [2021 c.400 �2; 2023 c.281 �23]

�� Note: 125.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PROCEDURE IN PROTECTIVE PROCEEDINGS

�� 125.050 Application of ORCP and Oregon Evidence Code. Except as otherwise provided by this chapter, the Oregon Rules of Civil Procedure and the Oregon Evidence Code apply in protective proceedings. [1995 c.664 �6]

�� 125.055 Petitions in protective proceedings; filing fee. (1)(a) A petition in a protective proceeding that seeks the appointment of a fiduciary must designate the type of fiduciary that the petitioner seeks to have appointed. If the petition does not request the appointment of a fiduciary, or if the petition requests both the appointment of a fiduciary and some other protective order, the petition must contain a statement of the nature of the protective order requested. The caption of the petition must reflect the type of fiduciary whose appointment is requested or, if the appointment of a fiduciary is not requested, the nature of the protective order requested. An original and duplicate copy of the petition must be filed with the court.

�� (b) A single filing fee shall be collected for a petition described in this section regardless of whether the petition requests multiple fiduciaries or protective orders. Notwithstanding ORS 21.135, 21.145, 21.175, 21.180 and 125.650, the fee shall consist of the highest applicable fee set forth in ORS 21.135, 21.145 (3), 21.175 or 21.180.

�� (2) A petition in a protective proceeding must contain the following information to the extent that the petitioner is aware of the information or to the extent that the petitioner is able to acquire the information with reasonable effort:

�� (a) The name, age, residence address and current location of the respondent.

�� (b) The interest of the petitioner.

�� (c) The name, age and address of the petitioner and any person nominated as fiduciary in the petition and the relationship of the person nominated to the respondent.

�� (d) A statement as to whether the person nominated as fiduciary:

�� (A) Has been convicted of a crime;

�� (B) Has filed for or received protection under the bankruptcy laws;

�� (C) Has caused any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction;

�� (D) Has been removed as a fiduciary under ORS 125.225; or

�� (E) Has had a license revoked or canceled that was required by the laws of any state for the practice of a profession or occupation.

�� (e) If an event listed in paragraph (d) of this subsection has occurred, a statement of the circumstances surrounding the event.

�� (f) If the person nominated as fiduciary is not the petitioner, a statement indicating that the person nominated is willing and able to serve.

�� (g) The name and address of any fiduciary that has been appointed for the respondent by a court of any state, any trustee for a trust established by or for the respondent, any person appointed as a health care representative under the provisions of ORS 127.505 to 127.660 and any person acting as attorney-in-fact for the respondent under a power of attorney.

�� (h) The name and address of the respondent�s treating physician and any other person who is providing care to the respondent.

�� (i) The factual information that:

�� (A) Except as provided in subparagraph (B) of this paragraph, supports the request for the appointment of a fiduciary or entry of other protective order, less restrictive alternatives to the appointment of a fiduciary that have been considered and why the alternatives are inadequate and the names and addresses of all persons who have information that would support a finding that an adult respondent is incapacitated or financially incapable.

�� (B) If the petition seeks appointment of a guardian for a vulnerable youth, supports a finding that the proposed protected person is a vulnerable youth.

�� (j) A statement that indicates whether the person nominated as fiduciary intends to place the respondent in a mental health treatment facility, a nursing home or other residential facility.

�� (k) A general description of the estate of the respondent and the respondent�s sources of income and the amount of that income.

�� (L) A statement indicating whether the person nominated as fiduciary is a public or private agency or organization that provides services to the respondent or an employee of a public or private agency or organization that provides services to the respondent.

�� (m) A statement that indicates whether the petitioner is petitioning for plenary authority or specified limited authority for the person nominated as fiduciary.

�� (3) In addition to the requirements of subsection (2) of this section:

�� (a) If a petition seeks appointment of a guardian, the petition must contain a statement on whether the guardian will exercise any control over the estate of the respondent. If the guardian will exercise any control over the estate of the respondent, the petition must contain a statement of the monthly income of the respondent, the sources of the respondent�s income, and the amount of any moneys that the guardian will be holding for the respondent at the time of the appointment.

�� (b) Except as provided in paragraph (c) of this subsection, if the petition seeks the appointment of a guardian for an adult respondent, of 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 subsection (6)(a) of this section, or as an adult, or of a temporary fiduciary who will exercise the powers of a guardian for an adult respondent, the petition must contain a statement notifying the court that a visitor must be appointed.

�� (c) If the petition seeks appointment of a guardian for a vulnerable youth, the petition must include:

�� (A) A statement that the court in its discretion may appoint a visitor; and

�� (B) Except as provided in subsection (6)(b) of this section, a declaration signed by the vulnerable youth consenting to the appointment of the proposed guardian.

�� (4) In addition to the requirements of subsection (2) of this section, if a petition seeks appointment of a conservator or a temporary fiduciary who will exercise the powers of a conservator or if a petition seeks a protective order relating to the estate of the respondent, the petition must contain the petitioner�s estimate of the value of the estate.

�� (5) A petitioner may join parties in a petition in the manner provided by ORCP 28 for the joining of defendants.

�� (6)(a) A parent or guardian of a minor may file a petition that seeks the appointment of a guardian for the minor as an adult, to become effective on the date that the minor attains majority, at any time within 90 days before the date that the minor attains majority or at any other time determined by the court to be necessary and appropriate to ensure the ongoing protection, safety and welfare of the minor upon attaining majority.

�� (b) If a petition for the appointment of a guardian for a vulnerable youth is filed when the respondent is a minor, the declaration of consent to appointment required under subsection (3)(c) of this section must be filed no later than 10 days after the respondent attains the age of majority.

�� (7) The court shall review a petition seeking appointment of a guardian and shall dismiss the proceeding without prejudice, or require that the petition be amended, if the court determines that the petition does not meet the requirements of this section. [1995 c.664 �7; 1997 c.717 �4; 2003 c.227 �3; 2013 c.71 �1; 2015 c.176 �2; 2017 c.391 �1; 2018 c.59 �2; 2021 c.399 �3; 2022 c.68 �4]

�� 125.060 Who must be given notice. (1) The notices required by this section must be given to all persons whose identities and addresses can be ascertained in the exercise of reasonable diligence by the person required to give the notice.

�� (2) Notice of the filing of a petition for the appointment of a fiduciary or entry of other protective order must be given by the petitioner to the following persons:

�� (a) The respondent, if the respondent has attained 14 years of age unless the petition is for the appointment of a guardian for a vulnerable youth who has attained 18 years of age and the respondent�s declaration consenting to the appointment has been filed with the court.

�� (b) The spouse, parents and adult children of the respondent.

�� (c) If the respondent does not have a spouse, parent or adult child, the person or persons most closely related to the respondent.

�� (d) Any person who is cohabiting with the respondent and who is interested in the affairs or welfare of the respondent.

�� (e) Any person who has been nominated as fiduciary or appointed to act as fiduciary for the respondent by a court of any state, any trustee for a trust established by or for the respondent, any person appointed as a health care representative under the provisions of ORS 127.505 to 127.660 and any person acting as attorney-in-fact for the respondent under a power of attorney.

�� (f) If the respondent is a minor, the person who has exercised principal responsibility for the care and custody of the respondent during the 60-day period before the filing of the petition.

�� (g) If the respondent is a minor and has no living parents, any person nominated to act as fiduciary for the minor in a will or other written instrument prepared by a parent of the minor.

�� (h) If the respondent is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, a representative of the United States Department of Veterans Affairs regional office that has responsibility for the payments to the protected person.

�� (i) If the respondent is receiving moneys paid or payable for public assistance provided under ORS chapter 411 by the State of Oregon through the Department of Human Services, a representative of the department.

�� (j) If the respondent is receiving moneys paid or payable for medical assistance provided under ORS chapter 414 by the State of Oregon through the Oregon Health Authority, a representative of the authority.

�� (k) If the respondent is committed to the legal and physical custody of the Department of Corrections, the Attorney General and the superintendent or other officer in charge of the facility in which the respondent is confined.

�� (L) If the respondent is a foreign national, the consulate for the respondent�s country.

�� (m) Any other person that the court requires.

�� (3) Notice of a motion for the termination of the protective proceedings, for removal of a fiduciary, for modification of the powers or authority of a fiduciary, for approval of a fiduciary�s actions or for protective orders in addition to those sought in the petition must be given by the person making the motion to the following persons:

�� (a) The protected person, if the protected person has attained 14 years of age.

�� (b) Any person who has filed a request for notice in the proceedings.

�� (c) Except for a fiduciary who is making a motion, any fiduciary who has been appointed for the protected person.

�� (d) If the protected person is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, a representative of the United States Department of Veterans Affairs regional office that has responsibility for the payments to the protected person.

�� (e) If the protected person is committed to the legal and physical custody of the Department of Corrections, the Attorney General and the superintendent or other officer in charge of the facility in which the protected person is confined.

�� (f) If the protected person is a vulnerable youth, the consulate of the vulnerable youth�s country of nationality or, if unknown, the consulate of the vulnerable youth�s last country of residence prior to the United States of America.

�� (g) Any other person that the court requires.

�� (4) A request for notice under subsection (3)(b) of this section must be in writing and include the name, address and phone number of the person requesting notice. A copy of the request must be mailed by the person making the request to the petitioner or to the fiduciary if a fiduciary has been appointed. The original request must be filed with the court. The person filing the request must pay the fee specified by ORS 21.135.

�� (5) A person who files a request for notice in the proceedings in the manner provided by subsection (4) of this section is entitled to receive notice from the fiduciary of any motion specified in subsection (3) of this section and of any other matter to which a person listed in subsection (2) of this section is entitled to receive notice under a specific provision of this chapter.

�� (6) If the Department of Human Services is nominated as guardian for the purpose of consenting to the adoption of a minor, the notice provided for in this section must also be given to the minor�s brothers, sisters, aunts, uncles and grandparents.

�� (7) In addition to the requirements of subsection (2) of this section, notice of the filing of a petition for the appointment of a guardian for a person who is alleged to be incapacitated must be given by the petitioner to the following persons:

�� (a) Any attorney who is representing the respondent in any capacity.

�� (b) If the respondent is a resident of a nursing home or residential facility, or if the person nominated to act as fiduciary intends to place the respondent in a nursing home or residential facility, the office of the Long Term Care Ombudsman.

�� (c) If the respondent is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the person nominated to act as fiduciary intends to place the respondent in such a facility, the system described in ORS 192.517 (1).

�� (8) In addition to the requirements of subsection (3) of this section, in a protective proceeding in which a guardian has been appointed, notice of the motions specified in subsection (3) of this section, and the address, telephone number and other contact information of the protected person, must be given by the person making the motion to the following persons:

�� (a) Any attorney who represented the protected person at any time during the protective proceeding.

�� (b) If the protected person is a resident of a nursing home or residential facility, or if the motion seeks authority to place the protected person in a nursing home or residential facility, the office of the Long Term Care Ombudsman.

�� (c) If the protected person is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the motion seeks authority to place the protected person in such a facility, the system described in ORS 192.517 (1).

�� (9) A respondent or protected person may not waive the notice required under this section.

�� (10) The requirement that notice be served on an attorney for a respondent or protected person under subsection (7)(a) or (8)(a) of this section does not impose any responsibility on the attorney receiving the notice to represent the respondent or protected person in the protective proceeding. [1995 c.664 �8; 1997 c.717 �5; 1999 c.122 �3; 1999 c.775 �2; 2001 c.900 �22; 2003 c.143 �3; 2005 c.22 �98; 2005 c.381 �22; 2005 c.498 �2; 2009 c.595 �85; 2011 c.595 �127; 2017 c.391 �2; 2021 c.399 �4]

�� 125.065 Manner of giving notice. (1) Except as provided in ORS 125.060, notice of the filing of a petition must be personally served on any respondent who has attained 14 years of age. Notice of a petition must be personally served on the parents of a respondent if the petition is based on the fact that the respondent is a minor. The notice may not be served on the respondent by the visitor appointed by the court. The notice shall be written in language reasonably understandable by the respondent. The notice must be printed in type size equal to at least 12-point type.

�� (2) Except as provided in subsection (1) of this section, the notices required under ORS