Chapter 125 — Chapter 125

ORS 125.005 Definitions. As used in this chapter

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ORS 125.010 Protective proceedings. (1) Any person who is interested in the affairs or welfare of a respondent may file a petition for the appointment of a fiduciary or entry of other protective order

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ORS 125.012 Petition for protective order; disclosure of information; confidentiality; inspection; visitor report. (1) As used in this section

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ORS 125.015 Jurisdiction of protective proceedings; proceedings in other states. (1) The probate courts and commissioners provided for in ORS chapter 111 have exclusive jurisdiction of protective proceedings

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ORS 125.020 Venue for protective proceedings. (1) Except as provided in this section, a protective proceeding must be commenced in the county where the respondent resides or is present

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ORS 125.025 Authority of the court in protective proceedings. (1) Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, a court having jurisdiction over a protective proceeding shall exercise continuing authority over the proceeding. Subject to the provisions of ORS 125.800 to 125.852 and this chapter, the court may act upon the petition or motion of any person or upon its own authority at any time and in any manner it deems appropriate to determine the condition and welfare of the respondent or protected person and to inquire into the proper performance of the duties of a fiduciary appointed under the provisions of this chapter

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ORS 125.030 Use of limited judgment in protective proceedings. (1) The appointment of a fiduciary in a protective proceeding shall be made by limited judgment

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ORS 125.035 Reports to Legislative Assembly regarding protective proceedings. (1) As used in this section

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ORS 125.050 Application of ORCP and Oregon Evidence Code. Except as otherwise provided by this chapter, the Oregon Rules of Civil Procedure and the Oregon Evidence Code apply in protective proceedings. [1995 c.664 §6]

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ORS 125.055 Petitions in protective proceedings; filing fee. (1)(a) 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

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ORS 125.060 Who must be given notice. (1) The notices required by this section must be given to all persons whose identities and addresses can be ascertained in the exercise of reasonable diligence by the person required to give the notice

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ORS 125.065 Manner of giving notice. (1) Except as provided in ORS 125.060, notice of the filing of a petition must be personally served on any respondent who has attained 14 years of age. Notice of a petition must be personally served on the parents of a respondent if the petition is based on the fact that the respondent is a minor. The notice may not be served on the respondent by the visitor appointed by the court. The notice shall be written in language reasonably understandable by the respondent. The notice must be printed in type size equal to at least 12-point type

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ORS 125.070 Contents of notice. (1) The notice required by ORS 125.060 must contain the following

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ORS 125.075 Presentation of objections. (1) Any person who is interested in the affairs or welfare of a respondent or protected person may present objections to a petition or to a motion in a protective proceeding, including but not limited to

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ORS 125.080 Hearing; appointment of counsel. (1) The court may require that a hearing be held on any petition or motion in a protective proceeding

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ORS 125.082 Notice of appointment. (1)(a) Upon appointment, a guardian shall deliver written notice of the order of appointment to the persons described in ORS 125.060 (3)

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ORS 125.085 Motions after appointment of a fiduciary; disclosure of protected information. (1) The court may remove a fiduciary on the motion of any person who is entitled to file an objection to a petition under the provisions of ORS 125.075, on a motion of the Long Term Care Ombudsman or upon the court’s own motion

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ORS 125.090 Termination of proceedings. (1) A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding is filed and a fiduciary opposes the motion. The fiduciary has the burden of proving by clear and convincing evidence that a protected person continues to be incapacitated or financially incapable if a motion to terminate a protective proceeding is filed and the fiduciary opposes the motion. A visitor must be appointed if a motion for termination of a guardianship is filed and objections are filed to the motion. A visitor may be appointed if a motion for termination of a conservatorship is filed

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ORS 125.095 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

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ORS 125.098 Factors in determining award of attorney fees; appeal. (1) As used in this section, “party” means a person represented by an attorney when a request for court approval and payment of attorney fees has been made relating to a protective proceeding under ORS 125.095

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ORS 125.120 Protected person special advocate; appointment; duties; immunity; access to records and information; qualifications, standards and procedures. (1) At any time after a presiding judge issues a court order described in subsection (5) of this section and after the appointment of a fiduciary that is not a financial institution or trust company as defined in ORS 706.008, the court, on its own motion or on the motion of any person who is interested in the affairs or welfare of the protected person, may appoint a volunteer to serve as a protected person special advocate

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ORS 125.150 Appointment of visitors. (1)(a) The court shall appoint a visitor upon the filing of a petition in a protective proceeding that seeks the appointment of

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ORS 125.155 Visitor’s report. (1) A visitor shall file a report in writing with the court within 15 days after the visitor is appointed. The court may grant additional time for filing the visitor’s report upon a showing of necessity and good cause

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ORS 125.160 Subsequent appointment of visitor. At any time after the appointment of a fiduciary, the court may appoint a visitor. The court may require the visitor to perform any duty the visitor could have performed if appointed at the time the fiduciary was appointed, including interviewing relevant persons, examining relevant records, reporting in writing to the court and being present at any hearing. [1995 c.664 §18]

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ORS 125.165 Qualifications and standards for visitors. (1) A presiding judge shall by court order establish

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ORS 125.167 Visitor immunity from liability. A person appointed as a court visitor is immune from any liability for acts, omissions or errors in judgment, if the act, omission or error in judgment is made in good faith and within the scope of the person’s duties, responsibilities or functions as a court visitor. [2025 c.144 §2]

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ORS 125.170 Payment and reimbursement for visitor services. (1) Not more than once each calendar year, the court may charge a respondent or protected person for any visitor services provided during the year. The court may order reimbursement to the state from the assets of the respondent or protected person for the cost of any interview or report unless the court finds that the assessment would impose a hardship on the respondent or protected person. If the respondent or protected person is receiving public assistance or medical assistance, as defined in ORS 414.025, there is a rebuttable presumption that charging a respondent or protected person for the services of a visitor would impose a hardship

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ORS 125.200 Preferences in appointing fiduciary. The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to the respondent, any preference expressed by a parent of the respondent, the estate of the respondent and any impact on ease of administration that may result from the appointment. [1995 c.664 §19]

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ORS 125.205 Persons not qualified to act as fiduciary. (1) A person is not qualified to serve as a fiduciary if the person

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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

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ORS 125.215 Acceptance of appointment as fiduciary; notice of proceedings to fiduciary. (1) If the person filing a petition in a protective proceeding is also nominated in the petition as fiduciary for the respondent, the signature of the petitioner on the petition acts as acceptance of appointment upon entry of an order appointing the petitioner as fiduciary. If the person nominated as a fiduciary is not the petitioner, the person nominated must file an acceptance of the appointment before the entry of the order appointing the fiduciary

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ORS 125.220 [1995 c.664 §23; repealed by 1999 c.774 §1 (125.221 enacted in lieu of 125.220)]

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ORS 125.221 Conflicts of interest. (1) A fiduciary may employ a person in which the fiduciary has a pecuniary or financial interest only after disclosing the nature of the interest to the court if the person is employed for the purpose of providing direct services to the protected person or for the purpose of providing services to the fiduciary that directly affect the protected person. Before the person is employed, the fiduciary must provide the court with the following

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ORS 125.225 Removal of fiduciary. (1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person

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ORS 125.230 Termination of fiduciary’s authority; discharge of fiduciary. (1) Except as provided in subsection (3) of this section, a fiduciary’s authority terminates upon the death, resignation or removal of the fiduciary or upon the protected person’s death. If the fiduciary is a guardian appointed solely by reason of the minority of the protected person, the fiduciary’s authority terminates upon the protected person attaining 18 years of age

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ORS 125.235 Liability of fiduciary. A fiduciary is not personally liable to third persons for acts of the protected person solely by reason of being appointed fiduciary. [1995 c.664 §26]

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ORS 125.240 Professional fiduciaries. (1) If a petition seeks the appointment of a professional fiduciary, the petition must contain the following information in addition to that information required under ORS 125.055

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ORS 125.242 Exemptions for financial institutions and trust companies. ORS 125.221 and 125.240 do not apply to a financial institution, as defined in ORS 706.008, a trust company, as defined in ORS 706.008, or the Oregon Public Guardian and Conservator in proceedings under ORS 125.675 to 125.691. [1999 c.774 §5; 2017 c.310 §9]

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ORS 125.300 In general. (1)(a) Except as provided in paragraph (b) of this subsection, a guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person’s actual mental and physical limitations

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ORS 125.305 Order of appointment. (1) After determining that conditions for the appointment of a guardian have been established, the court may appoint a guardian as requested if the court determines by clear and convincing evidence that

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ORS 125.310 Letters of guardianship. The court shall issue letters of guardianship to the guardian after the filing of any acceptance of the appointment and bond that may be required. A copy of the order appointing the guardian must be attached to the letters of guardianship. Letters of guardianship must be in substantially the following form

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ORS 125.315 General powers and duties of guardian. (1) A guardian has the following powers and duties

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ORS 125.320 Limitations on guardian. (1) A guardian may not authorize the sterilization of the protected person

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ORS 125.323 Limits on association. (1) As used in this section

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ORS 125.325 Guardian’s report. (1) Not later than 30 days following each anniversary of appointment, a guardian for an adult protected person shall file with the court a written report. The report must include a declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of the United States. Copies of the guardian’s report must be given to those persons specified in ORS 125.060 (3). Except as provided in subsection (6) of this section, the report must be in substantially the following form

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ORS 125.330 Limitations on guardian appointed for person committed to custody of Department of Corrections. (1) Except as provided in subsection (2) of this section, a guardian appointed for a person committed to the legal and physical custody of the Department of Corrections may not exercise those powers specified in ORS 125.315 (1)(a) or (b) while the person remains confined

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ORS 125.400 Order of appointment. Upon the filing of a petition seeking the appointment of a conservator, the court may appoint a conservator and make other appropriate protective orders if the court finds by clear and convincing evidence that the respondent is a minor or financially incapable, and that the respondent has money or property that requires management or protection. [1995 c.664 §33]

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ORS 125.405 Letters of conservatorship. The court shall issue letters of conservatorship to the conservator after the filing of any acceptance of the appointment and bond that may be required. Letters of conservatorship must be in substantially the following form

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ORS 125.410 Conservator’s bond. (1) Except as provided in subsection (2) of this section, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservator according to law, with sureties as specified by the court. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the control of the conservator plus one year’s estimated income minus the value of securities and money deposited under arrangements requiring an order of the court for their removal and the value of any real property that the conservator, by express limitation of power, lacks power to sell or convey without court authorization

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ORS 125.415 Termination of bond by surety. (1) A surety may cancel the obligation of the surety upon notice in writing to the conservator and the court. The notice shall specify an effective date for the cancellation that is not less than 30 days after the date of the notice

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