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:

(a)

Any person entitled to receive notice under ORS 125.060 (Who must be given notice).

(b)

Any stepparent or stepchild of the respondent or protected person.

(c)

Any other person the court may allow.

(2)

Objections to a petition may be either written or oral. Objections to a motion must be in writing, except that a protected person may object orally in person or by other means that are intended to convey the protected person’s objections to the court. Objections to a petition or to a motion must be made or filed with the court within 15 days after notice of the petition or motion is served or mailed in the manner prescribed by ORS 125.065 (Manner of giving notice). The court shall designate the manner in which oral objections may be made that ensures that a protected person will have the protected person’s objection presented to the court. The clerk of the court shall provide a means of reducing the oral objections to a signed writing for the purpose of filing the objection.

(3)

If objections are presented by any of the persons listed in subsection (1) of this section, the court shall schedule a hearing on the objections. The petitioner or person making the motion shall give notice to all persons entitled to notice under ORS 125.060 (Who must be given notice) (3) of the date, time and place of the scheduled hearing at least 15 days before the date set for hearing. Notice shall be given in the manner prescribed by ORS 125.065 (Manner of giving notice).

(4)

Notwithstanding ORS 21.170 (Probate filing fees and accounting fees), the court may not charge or collect any fee for the filing of objections under the provisions of this section or for the filing of any motion from any of the following:

(a)

The respondent or the protected person;

(b)

The office of the Long Term Care Ombudsman; or

(c)

The system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1).

(5)

The court for good cause shown may provide for a different method or time of giving notice under subsection (3) of this section. [1995 c.664 §11; 2011 c.595 §129; 2015 c.365 §1; 2017 c.391 §3]

Source: Section 125.075 — Presentation of objections, https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html.

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
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