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.(2)
Notice of the filing of a petition for the appointment of a fiduciary or entry of other protective order must be given by the petitioner to the following persons:(a)
The respondent, if the respondent has attained 14 years of age unless the petition is for the appointment of a guardian for a vulnerable youth who has attained 18 years of age and the respondent’s declaration consenting to the appointment has been filed with the court.(b)
The spouse, parents and adult children of the respondent.(c)
If the respondent does not have a spouse, parent or adult child, the person or persons most closely related to the respondent.(d)
Any person who is cohabiting with the respondent and who is interested in the affairs or welfare of the respondent.(e)
Any person who has been nominated as fiduciary or appointed to act as fiduciary for the respondent by a court of any state, any trustee for a trust established by or for the respondent, any person appointed as a health care representative under the provisions of ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) and any person acting as attorney-in-fact for the respondent under a power of attorney.(f)
If the respondent is a minor, the person who has exercised principal responsibility for the care and custody of the respondent during the 60-day period before the filing of the petition.(g)
If the respondent is a minor and has no living parents, any person nominated to act as fiduciary for the minor in a will or other written instrument prepared by a parent of the minor.(h)
If the respondent is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, a representative of the United States Department of Veterans Affairs regional office that has responsibility for the payments to the protected person.(i)
If the respondent is receiving moneys paid or payable for public assistance provided under ORS chapter 411 by the State of Oregon through the Department of Human Services, a representative of the department.(j)
If the respondent is receiving moneys paid or payable for medical assistance provided under ORS chapter 414 by the State of Oregon through the Oregon Health Authority, a representative of the authority.(k)
If the respondent is committed to the legal and physical custody of the Department of Corrections, the Attorney General and the superintendent or other officer in charge of the facility in which the respondent is confined.(L)
If the respondent is a foreign national, the consulate for the respondent’s country.(m)
Any other person that the court requires.(3)
Notice of a motion for the termination of the protective proceedings, for removal of a fiduciary, for modification of the powers or authority of a fiduciary, for approval of a fiduciary’s actions or for protective orders in addition to those sought in the petition must be given by the person making the motion to the following persons:(a)
The protected person, if the protected person has attained 14 years of age.(b)
Any person who has filed a request for notice in the proceedings.(c)
Except for a fiduciary who is making a motion, any fiduciary who has been appointed for the protected person.(d)
If the protected person is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, a representative of the United States Department of Veterans Affairs regional office that has responsibility for the payments to the protected person.(e)
If the protected person is committed to the legal and physical custody of the Department of Corrections, the Attorney General and the superintendent or other officer in charge of the facility in which the protected person is confined.(f)
If the protected person is a vulnerable youth, the consulate of the vulnerable youth’s country of nationality or, if unknown, the consulate of the vulnerable youth’s last country of residence prior to the United States of America.(g)
Any other person that the court requires.(4)
A request for notice under subsection (3)(b) of this section must be in writing and include the name, address and phone number of the person requesting notice. A copy of the request must be mailed by the person making the request to the petitioner or to the fiduciary if a fiduciary has been appointed. The original request must be filed with the court. The person filing the request must pay the fee specified by ORS 21.135 (Standard filing fee).(5)
A person who files a request for notice in the proceedings in the manner provided by subsection (4) of this section is entitled to receive notice from the fiduciary of any motion specified in subsection (3) of this section and of any other matter to which a person listed in subsection (2) of this section is entitled to receive notice under a specific provision of this chapter.(6)
If the Department of Human Services is nominated as guardian for the purpose of consenting to the adoption of a minor, the notice provided for in this section must also be given to the minor’s brothers, sisters, aunts, uncles and grandparents.(7)
In addition to the requirements of subsection (2) of this section, notice of the filing of a petition for the appointment of a guardian for a person who is alleged to be incapacitated must be given by the petitioner to the following persons:(a)
Any attorney who is representing the respondent in any capacity.(b)
If the respondent is a resident of a nursing home or residential facility, or if the person nominated to act as fiduciary intends to place the respondent in a nursing home or residential facility, the office of the Long Term Care Ombudsman.(c)
If the respondent is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the person nominated to act as fiduciary intends to place the respondent in such a facility, the system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1).(8)
In addition to the requirements of subsection (3) of this section, in a protective proceeding in which a guardian has been appointed, notice of the motions specified in subsection (3) of this section, and the address, telephone number and other contact information of the protected person, must be given by the person making the motion to the following persons:(a)
Any attorney who represented the protected person at any time during the protective proceeding.(b)
If the protected person is a resident of a nursing home or residential facility, or if the motion seeks authority to place the protected person in a nursing home or residential facility, the office of the Long Term Care Ombudsman.(c)
If the protected person is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the motion seeks authority to place the protected person in such a facility, the system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1).(9)
A respondent or protected person may not waive the notice required under this section.(10)
The requirement that notice be served on an attorney for a respondent or protected person under subsection (7)(a) or (8)(a) of this section does not impose any responsibility on the attorney receiving the notice to represent the respondent or protected person in the protective proceeding. [1995 c.664 §8; 1997 c.717 §5; 1999 c.122 §3; 1999 c.775 §2; 2001 c.900 §22; 2003 c.143 §3; 2005 c.22 §98; 2005 c.381 §22; 2005 c.498 §2; 2009 c.595 §85; 2011 c.595 §127; 2017 c.391 §2; 2021 c.399 §4]
Source:
Section 125.060 — Who must be given notice, https://www.oregonlegislature.gov/bills_laws/ors/ors125.html.
Notes of Decisions
Failure to provide notice of guardianship proceeding to parent renders guardianship order void as to that parent. Middleton v. Chaney, 177 Or App 679, 34 P3d 722 (2001), modified335 Or 58, 57 P3d 893 (2002)
Service of notice of petition is sufficient to give court personal jurisdiction over respondent’s adult child domiciled within state, whether or not child files objection or request for notice with court. Haley v. Haley, 215 Or App 36, 168 P3d 305 (2007)
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