ORS 125.012
Petition for protective order

  • disclosure of information
  • confidentiality
  • inspection
  • visitor report

(1)

As used in this section:

(a)

“Party” means:

(A)

A person who is the subject of a petition for a protective order.

(B)

A person who has petitioned for appointment, or who has been appointed, as a fiduciary for a protected person under this chapter.

(C)

A person, not otherwise a party under this paragraph, who has filed objections as allowed under this chapter.

(D)

A visitor appointed by the court in a proceeding under this chapter.

(E)

Any other person who has filed a petition or motion in a proceeding under this chapter.

(b)

“Protected health information” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581).

(c)

“Protective services” has the meaning given that term in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619).

(2)

The Department of Human Services or the Oregon Health Authority, for the purpose of providing protective services, may petition for a protective order under this chapter. When the department or authority, or a petitioning attorney with whom the department or authority has contracted, petitions for a protective order under this section, the department or authority shall disclose to the court or to the petitioning attorney only a minimum amount of information about the person who is the subject of the petition, including protected health, mental health, financial, substantiated abuse and legal information, as is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of the person who is the subject of the petition or protective order.

(3)

When a petition for a protective order is filed under this chapter by a person other than the Department of Human Services, the Oregon Health Authority or an attorney with whom the department or authority has contracted, or when a protective order has already been entered, the department or authority may disclose to a court protected health, mental health, financial, substantiated abuse and legal information about the person who is the subject of the petition or protective order, or about a person who has petitioned for appointment, or who has been appointed, as a fiduciary for a protected person under this chapter. The department or authority may disclose such information without authorization from the person or fiduciary if the disclosure is made in good faith and with the belief that the disclosure is the minimum amount of information about the person or fiduciary as is reasonably necessary to prevent or lessen a serious and imminent threat to the health or safety of the person who is the subject of the petition or protective order.

(4)

Intentionally left blank —Ed.

(a)

All confidential and protected health, mental health, financial, substantiated abuse and legal information disclosed by the Department of Human Services, the Oregon Health Authority or an attorney with whom the department or authority has contracted under this section must remain confidential.

(b)

Information disclosed under this section must be identified and marked by the entity or person making the disclosure as confidential and protected information that is subject to the requirements of this subsection.

(c)

Information disclosed under this section is subject to inspection only by the parties to the proceedings and their attorneys as provided in subsection (5) of this section. Information disclosed under this section is not subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause. Good cause under this paragraph includes the need for inspection of the information by an attorney considering representation of the person who is the subject of the petition or protective order, or of a person who has petitioned for appointment, or who has been appointed, as a fiduciary for a protected person under this chapter.

(d)

Notwithstanding ORS 125.155 (Visitor’s report) (4), to the extent that the report of a visitor appointed by the court under ORS 125.150 (Appointment of visitors) contains 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 paragraph (c) of this subsection.

(5)

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

(6)

Nothing in this section is intended to limit the application of ORS 125.050 (Application of ORCP and Oregon Evidence Code) to the use of information disclosed under this section in proceedings under this chapter.

(7)

Information may be disclosed under this section only for the purpose of providing protective services. [2009 c.512 §2; 2011 c.229 §1]

Source: Section 125.012 — Petition for protective order; disclosure of information; confidentiality; inspection; visitor report, https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html.

125.005
Definitions
125.010
Protective proceedings
125.012
Petition for protective order
125.015
Jurisdiction of protective proceedings
125.020
Venue for protective proceedings
125.025
Authority of the court in protective proceedings
125.030
Use of limited judgment in protective proceedings
125.035
Reports to Legislative Assembly regarding protective proceedings
125.050
Application of ORCP and Oregon Evidence Code
125.055
Petitions in protective proceedings
125.060
Who must be given notice
125.065
Manner of giving notice
125.070
Contents of notice
125.075
Presentation of objections
125.080
Hearing
125.082
Notice of appointment
125.085
Motions after appointment of a fiduciary
125.090
Termination of proceedings
125.095
Fees, costs and disbursements payable in protective proceedings
125.098
Factors in determining award of attorney fees
125.120
Protected person special advocate
125.150
Appointment of visitors
125.155
Visitor’s report
125.160
Subsequent appointment of visitor
125.165
Qualifications and standards for visitors
125.170
Payment and reimbursement for visitor services
125.200
Preferences in appointing fiduciary
125.205
Persons not qualified to act as fiduciary
125.210
Circumstances requiring notice to court
125.215
Acceptance of appointment as fiduciary
125.221
Conflicts of interest
125.225
Removal of fiduciary
125.230
Termination of fiduciary’s authority
125.235
Liability of fiduciary
125.240
Professional fiduciaries
125.242
Exemptions for financial institutions and trust companies
125.300
In general
125.305
Order of appointment
125.310
Letters of guardianship
125.315
General powers and duties of guardian
125.320
Limitations on guardian
125.323
Limits on association
125.325
Guardian’s report
125.330
Limitations on guardian appointed for person committed to custody of Department of Corrections
125.400
Order of appointment
125.405
Letters of conservatorship
125.410
Conservator’s bond
125.415
Termination of bond by surety
125.420
Power of conservator over property of protected person
125.425
Powers of conservator to pay expenses of protected person and dependents
125.430
Sale of protected person’s residence
125.435
Power of conservator to make gifts
125.440
Acts conservator may perform only with court approval
125.445
Acts authorized to be performed without prior court approval
125.450
Voidable transactions
125.455
Power of competent protected person over estate
125.460
Consideration of estate plan of protected person
125.465
Discovery of property
125.470
Filing of inventory required
125.475
Conservator’s accounting to court
125.480
Approval of accounting
125.485
Liability of conservator
125.490
Status of persons dealing with conservator
125.495
Payment of claims against estate or protected person
125.500
Enforcement of claim against estate or protected person
125.505
Notice of claim to conservator
125.510
Procedure where claim disallowed
125.515
Effect of presentation of claim on statute of limitations
125.520
Order of payment of expenses and claims
125.525
Termination of conservatorship
125.530
Powers and duties of conservator on death of protected person
125.535
Disposition of small estate
125.540
Payment of debt and delivery of property to foreign conservator
125.600
In general
125.605
Procedure for appointment of temporary fiduciary
125.610
Report of temporary fiduciary
125.650
Other protective orders
125.675
Definitions
125.678
Appointment
125.680
Duties of Oregon Public Guardian and Conservator
125.681
Authority to require fingerprints of employees, volunteers or contractors
125.683
Needs assessment
125.685
Deputy public guardian and conservator
125.687
Limitations of court on appointment of Oregon Public Guardian and Conservator
125.689
Oregon Public Guardian and Conservator Fund
125.691
Oregon Public Guardian and Conservator Protected Person Trust Account
125.693
High-risk teams
125.694
Confidentiality
125.700
Office of county public guardian and conservator
125.705
Effect of vacancy in office of county public guardian and conservator
125.710
Powers and duties of county public guardian and conservator
125.715
Bond
125.720
Deposit of funds
125.725
Reimbursement of county public guardian and conservator’s expenses from estate of ward or protected person
125.730
Fees prohibited
125.800
Short title
125.802
Definitions
125.805
International application
125.807
Communication between courts
125.810
Cooperation between courts
125.812
Taking testimony in another state
125.815
Definitions
125.817
Exclusive basis
125.820
Jurisdiction
125.822
Special jurisdiction
125.825
Exclusive and continuing jurisdiction
125.827
Appropriate forum
125.830
Jurisdiction declined by reason of conduct
125.832
Notice of proceeding
125.835
Proceedings in more than one state
125.837
Transfer of guardianship or conservatorship to another state
125.840
Accepting guardianship or conservatorship transferred from another state
125.842
Registration of guardianship orders
125.845
Registration of conservatorship orders
125.847
Effect of registration
125.850
Uniformity of application and construction
125.852
Relation to Electronic Signatures in Global and National Commerce Act
Green check means up to date. Up to date