ORS 125.025
Authority of the court in protective proceedings
(1)
Subject to ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) for adults as defined in ORS 125.802 (Definitions), a court having jurisdiction over a protective proceeding shall exercise continuing authority over the proceeding. Subject to the provisions of ORS 125.800 (Short title) to 125.852 (Relation to Electronic Signatures in Global and National Commerce Act) 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.(2)
A court having jurisdiction over a protective proceeding in which the respondent or protected person is a minor shall consider and apply all relevant provisions of the Indian Child Welfare Act codified at 25 U.S.C. sections 1901 et seq.(3)
A court having jurisdiction over a protective proceeding may:(a)
Compel the attendance of any person, including respondents, protected persons, fiduciaries and any other person who may have knowledge about the person or estate of a respondent or protected person. The court may require those persons to respond to inquiries and produce documents that are subject to discovery under ORCP 36.(b)
Appoint counsel for a respondent or protected person.(c)
Appoint investigators, visitors and experts to aid the court in the court’s investigation.(d)
Exercise jurisdiction over any transaction entered into by a fiduciary to determine if a conflict of interest existed and enter an appropriate judgment with respect to the transaction.(e)
Surcharge a surety for any loss caused by failure of a fiduciary to perform a fiduciary duty or any other duty imposed by this chapter, including a surcharge for attorney fees incurred by a respondent or protected person by reason of the failure.(f)
Require immediate delivery of a protected person or property of the protected person, including records, accounts and documents relating to that property, to the court or to a place it designates.(g)
Require the fiduciary to produce any and all records that might provide information about the treatment or condition of the protected person or property of the protected person.(h)
Remove a fiduciary whenever that removal is in the best interests of the protected person.(i)
Appoint a successor fiduciary when a fiduciary has died, resigned or been removed.(j)
Require a respondent or protected person to submit to a physical or mental examination pursuant to ORCP 44.(k)
Make provisions for parenting time or visitation or order support for any minor who is a respondent or protected person in a protective proceeding.(L)
Impose any conditions and limitations upon the fiduciary that the court considers appropriate, including limitations on the duration of the appointment. Any conditions or limitations imposed on the fiduciary must be reflected in the letters of appointment.(m)
Appoint protected person special advocates pursuant to ORS 125.120 (Protected person special advocate).(n)
In a guardianship proceeding involving a vulnerable youth, allow a person whose attendance the court compels under paragraph (a) of this subsection to attend by telephone, video or other remote technology.(4)
When a person files a petition or motion for a support order under subsection (3)(k) of this section:(a)
The person shall state in the petition or motion, to the extent known:(A)
Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor, including a proceeding brought under ORS 25.287 (Proceedings to modify orders to comply with formula), 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings), 107.085 (Petition), 107.135 (Vacation or modification of judgment), 107.431 (Modification of portion of judgment regarding parenting time or child support), 108.110 (Petition for support of spouse and children), 109.100 (Petition for support), 109.103 (Proceeding to determine custody or support of child), 109.165 (Vacation or modification of judgment) or 419B.400 (Authority to order support) or ORS chapter 110; and(B)
Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503 (Definitions), involving the minor.(b)
The person shall include with the petition or motion a certificate regarding any pending support proceeding and any existing support order. The person shall use a certificate that is in a form established by court rule and include information required by court rule and paragraph (a) of this subsection.(5)
When the court acts upon its own authority to order support under subsection (3)(k) of this section, at least 21 days before the hearing the court shall notify the Administrator of the Division of Child Support of the Department of Justice, or the branch office providing support services to the county where the hearing will be held, of the hearing. Before the hearing the administrator shall inform the court, to the extent known:(a)
Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor, including a proceeding brought under ORS 25.287 (Proceedings to modify orders to comply with formula), 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings), 107.085 (Petition), 107.135 (Vacation or modification of judgment), 107.431 (Modification of portion of judgment regarding parenting time or child support), 108.110 (Petition for support of spouse and children), 109.100 (Petition for support), 109.103 (Proceeding to determine custody or support of child), 109.165 (Vacation or modification of judgment) or 419B.400 (Authority to order support) or ORS chapter 110; and(b)
Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503 (Definitions), involving the minor.(6)
The Judicial Department and the Department of Justice may enter into an agreement regarding how the courts give the notice required under subsection (5) of this section to the Department of Justice and how the Department of Justice gives the information described in subsection (5)(a) and (b) of this section to the courts.(7)
If the court finds that a conservator should be appointed, the court may exercise all the powers over the estate and affairs of the protected person that the protected person could exercise if present and not under disability, except the power to make a will. The court shall exercise those powers for the benefit of the protected person and members of the household of the protected person.(8)
The powers of the court in protective proceedings may be exercised by the court directly or through a fiduciary. [1995 c.664 §5; 1997 c.707 §27; 2003 c.116 §11; 2009 c.179 §24; 2014 c.39 §3; 2015 c.298 §96; 2021 c.399 §2; 2021 c.597 §66]
Source:
Section 125.025 — Authority of the court in protective proceedings, https://www.oregonlegislature.gov/bills_laws/ors/ors125.html.
Notes of Decisions
“Property of the protected person” includes estate funds used to pay for legal services related to protective proceeding. Caswell v. Day Law and Associates, P.C., 309 Or App 367, 481 P3d 972 (2021)
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