Oregon Law
Law as of Jan 1, 2024
Chapter contents
125.005Definitions 125.010Protective proceedings 125.012Petition for protective order; disclosure of information; confidentiality; inspection; visitor report 125.015Jurisdiction of protective proceedings; proceedings in other states 125.020Venue for protective proceedings 125.025Authority of the court in protective proceedings 125.030Use of limited judgment in protective proceedings 125.035Reports to Legislative Assembly regarding protective proceedings 125.050Application of ORCP and Oregon Evidence Code 125.055Petitions in protective proceedings; filing fee 125.060Who must be given notice 125.065Manner of giving notice 125.070Contents of notice 125.075Presentation of objections 125.080Hearing; appointment of counsel 125.082Notice of appointment 125.085Motions after appointment of a fiduciary; disclosure of protected information 125.090Termination of proceedings 125.095Fees, costs and disbursements payable in protective proceedings 125.098Factors in determining award of attorney fees; appeal 125.120Protected person special advocate; appointment; duties; immunity; access to records and information; qualifications, standards and procedures 125.150Appointment of visitors 125.155Visitor’s report 125.160Subsequent appointment of visitor 125.165Qualifications and standards for visitors 125.170Payment and reimbursement for visitor services 125.200Preferences in appointing fiduciary 125.205Persons not qualified to act as fiduciary 125.210Circumstances requiring notice to court 125.215Acceptance of appointment as fiduciary; notice of proceedings to fiduciary 125.220[1995 c.664 §23; repealed by 1999 c.774 §1 (125.221 enacted in lieu of 125.220)] 125.221Conflicts of interest 125.225Removal of fiduciary 125.230Termination of fiduciary’s authority; discharge of fiduciary 125.235Liability of fiduciary 125.240Professional fiduciaries 125.242Exemptions for financial institutions and trust companies 125.300In general 125.305Order of appointment 125.310Letters of guardianship 125.315General powers and duties of guardian 125.320Limitations on guardian 125.323Limits on association 125.325Guardian’s report 125.330Limitations on guardian appointed for person committed to custody of Department of Corrections 125.400Order of appointment 125.405Letters of conservatorship 125.410Conservator’s bond 125.415Termination of bond by surety 125.420Power of conservator over property of protected person 125.425Powers of conservator to pay expenses of protected person and dependents 125.430Sale of protected person’s residence 125.435Power of conservator to make gifts 125.440Acts conservator may perform only with court approval 125.445Acts authorized to be performed without prior court approval 125.450Voidable transactions 125.455Power of competent protected person over estate 125.460Consideration of estate plan of protected person 125.465Discovery of property; examination by conservator 125.470Filing of inventory required; supplemental inventory 125.475Conservator’s accounting to court; contents 125.480Approval of accounting 125.485Liability of conservator 125.490Status of persons dealing with conservator 125.495Payment of claims against estate or protected person 125.500Enforcement of claim against estate or protected person 125.505Notice of claim to conservator 125.510Procedure where claim disallowed 125.515Effect of presentation of claim on statute of limitations 125.520Order of payment of expenses and claims 125.525Termination of conservatorship 125.530Powers and duties of conservator on death of protected person 125.535Disposition of small estate 125.540Payment of debt and delivery of property to foreign conservator 125.600In general 125.605Procedure for appointment of temporary fiduciary 125.610Report of temporary fiduciary 125.650Other protective orders; filing fee 125.675Definitions 125.678Appointment; term; responsibilities; delegation of duties; rules 125.680Duties of Oregon Public Guardian and Conservator 125.681Authority to require fingerprints of employees, volunteers or contractors 125.683Needs assessment; access to records; written plan for services 125.685Deputy public guardian and conservator; volunteer requirements and responsibilities 125.687Limitations of court on appointment of Oregon Public Guardian and Conservator; bond; fees and compensation 125.689Oregon Public Guardian and Conservator Fund 125.691Oregon Public Guardian and Conservator Protected Person Trust Account 125.693High-risk teams; appointment; membership; duties 125.694Confidentiality 125.700Office of county public guardian and conservator; expenses; termination 125.705Effect of vacancy in office of county public guardian and conservator 125.710Powers and duties of county public guardian and conservator 125.715Bond; exoneration of surety 125.720Deposit of funds 125.725Reimbursement of county public guardian and conservator’s expenses from estate of ward or protected person 125.730Fees prohibited 125.800Short title 125.802Definitions 125.805International application 125.807Communication between courts 125.810Cooperation between courts 125.812Taking testimony in another state 125.815Definitions; significant-connection factors 125.817Exclusive basis 125.820Jurisdiction 125.822Special jurisdiction 125.825Exclusive and continuing jurisdiction 125.827Appropriate forum 125.830Jurisdiction declined by reason of conduct 125.832Notice of proceeding 125.835Proceedings in more than one state 125.837Transfer of guardianship or conservatorship to another state 125.840Accepting guardianship or conservatorship transferred from another state 125.842Registration of guardianship orders; fee 125.845Registration of conservatorship orders; fee 125.847Effect of registration 125.850Uniformity of application and construction 125.852Relation to Electronic Signatures in Global and National Commerce Act

Chapter 125 — Protective Proceedings

ORS 125.210 Circumstances requiring notice to court

(1)(a)

A person nominated as a fiduciary shall inform the court of the circumstances of an event before the person is appointed if the person:

(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.

(b)

If the person nominated as a fiduciary is also the petitioner, the information required by this subsection may be provided in the petition for appointment of a fiduciary in the manner specified by ORS 125.055.

(2)

A person who is appointed as a fiduciary shall inform the court of the circumstances of an event immediately if the person:

(a)

Is convicted of a crime;

(b)

Files for or receives protection under the bankruptcy laws;

(c)

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

(d)

Is removed as a fiduciary under ORS 125.225; or

(e)

Has a license revoked or canceled that is required by the laws of any state for the practice of a profession or occupation.

(3)

A person who is required to give notice to the court under subsection (2) of this section shall also give notice to those persons listed in ORS 125.060 (3).

(4)

The court may decline to appoint a person as a fiduciary, or may remove a person as a fiduciary, if the person fails to comply with the provisions of this section.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.