2015 ORS 125.095¹
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 (Approval to transact trust business), 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 (Payment of claims against estate or protected person) to 125.520 (Order of payment of expenses and claims), 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]

Notes of Decisions

Transfer of funds to trust fund for purposes of paying for services for protected per­son does not constitute pay­ment if protected per­son retains legal right to request return of funds. Dorszynski v. Depart­ment of Human Services, 238 Or App 285, 242 P3d 657 (2010)

Court may use protected per­son's funds to pay reasonable compensa­tion to attorney who provided services on behalf of protected per­son. Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, PC, 248 Or App 185, 273 P3d 204 (2012)

Person is protected per­son at time that protective order has been entered; per­son is merely respondent at time that per­son is seeking protective order. Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, PC, 248 Or App 185, 273 P3d 204 (2012)

Pay­ment of compensa­tion for services rendered is not contingent on those services being beneficial to protected per­son. Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, PC, 248 Or App 185, 273 P3d 204 (2012)


1 Legislative Counsel Committee, CHAPTER 125—Protective Proceedings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors125.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 125, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano125.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.