ORS 125.065
Manner of giving notice

(1)

Except as provided in ORS 125.060 (Who must be given notice), 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.

(2)

Except as provided in subsection (1) of this section, the notices required under ORS 125.060 (Who must be given notice) may be mailed to the last-known address of the person. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, notice of the filing of a petition may be given by publishing at least once a week for three consecutive weeks a copy of the notice in a newspaper having general circulation in the county where the hearing is to be held. The last publication of the notice must be at least 15 days before the final date for the filing of objections.

(3)

The date of personal service or mailing under this section must be at least 15 days before the final date for the filing of objections to the petition or motion. If the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act provided for in ORS 109.701 (Short title) to 109.834 (Severability clause), the date of service or mailing must be at least 21 days before the final date for the filing of objections to the petition or motion.

(4)

The court for good cause shown may provide for a different method or time of giving notice under this section.

(5)

Proof of the giving of notice must be filed in the proceeding before the court enters any order on a petition or motion. [1995 c.664 §9; 1999 c.649 §53; 2021 c.399 §5]

Source: Section 125.065 — Manner of giving 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)

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

Current through early 2024

§ 125.065’s source at oregon​.gov