2017 ORS 125.687¹
Limitations of court on appointment of Oregon Public Guardian and Conservator
  • bond
  • fees and compensation

(1) A court may not appoint the Oregon Public Guardian and Conservator as a fiduciary for a person unless the Oregon Public Guardian and Conservator has petitioned for or consented to the appointment. If appointed as a fiduciary by the court, the Oregon Public Guardian and Conservator, and any deputy public guardian and conservator designated to act on behalf of the Oregon Public Guardian and Conservator, shall serve as provided in this chapter and ORS 127.005 (When power of attorney in effect) and 127.015 (Power of attorney not revoked until death or other event known), except as expressly stated otherwise in ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account) or by order of the court.

(2) The Oregon Public Guardian and Conservator shall file an official bond in an amount determined in consultation with the Oregon Department of Administrative Services. The bond shall inure to the joint benefit of the several public guardianship and conservatorship estates in which the Oregon Public Guardian and Conservator is providing services, but a bond is not required to be filed in individual estates.

(3) The court may not charge the Oregon Public Guardian and Conservator a fee for the filing of a petition or any other pleading under this chapter when the filing is made in connection with the provision of public guardian and conservator services under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account).

(4)(a) The court shall order the client or the client’s estate to pay for reasonable expenses incurred, including compensation for services rendered, in the provision of public guardian and conservator services to the client, including but not limited to court costs and attorney fees.

(b) If a client is indigent, the Oregon Public Guardian and Conservator shall have a claim against the client or the client’s estate for the portion of any payment ordered under paragraph (a) of this subsection that remains unpaid.

(5) The court may not order the Oregon Public Guardian and Conservator, a deputy public guardian and conservator or the office of the Long Term Care Ombudsman to pay court costs or attorney fees in a proceeding brought on behalf of a client under ORS 125.675 (Definitions) to 125.691 (Oregon Public Guardian and Conservator Protected Person Trust Account). [2014 c.117 §7; 2017 c.310 §4]

1 Legislative Counsel Committee, CHAPTER 125—Protective Proceedings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors125.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.