ORS 125.055
Petitions in protective proceedings


(1)

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.

(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 (Authority of the court in protective proceedings) (3)(e) or a similar statute of another jurisdiction;

(D)

Has been removed as a fiduciary under ORS 125.225 (Removal of fiduciary); 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 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) 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)

Intentionally left blank —Ed.

(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]

Source: Section 125.055 — Petitions in protective proceedings, 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
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