ORS 125.095
Fees, costs and disbursements payable in protective proceedings

Text
Annotations 4

(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.

(2)

Prior court approval is required before the payment of fees from the funds of a person subject to a protective proceeding when the payment is to:

(a)

A physician if the fees are incurred for services relating to proceedings arising out of the filing of an objection to a petition, cross-petition or motion.

(b)

An appointed fiduciary, except that prior court approval is not required before payment of fees to a conservator if the conservator is a trust company that has complied with ORS 709.030 (Approval to transact trust business), or if the conservator is the Department of Veterans’ Affairs.

(c)

Any attorney who has provided services relating to a protective proceeding, including services provided in preparation or anticipation of the filing of a petition in a protective proceeding.

(3)

Subject to ORS 125.495 (Payment of claims against estate or protected person) to 125.520 (Order of payment of expenses and claims), prior court approval is not required before:

(a)

Payment of attorney fees incurred prior to the filing of a petition in a protective proceeding for services unrelated to the protective proceeding; or

(b)

Payment for services provided by an attorney who is hired as a mediator for mediation services related to a protective proceeding.

(4)

A pleading that alleges a basis for payment of attorney fees is not required before payment of attorney fees is approved or made under this section.

(5)

ORCP 68 does not apply to requests for approval and payment of attorney fees made under this chapter. [1995 c.664 §15; 1997 c.631 §409; 2005 c.625 §65; 2013 c.99 §1]

Source: Section 125.095 — Fees, costs and disbursements payable in protective proceedings, https://www.oregonlegislature.gov/bills_laws/ors/ors125.html.

Notes of Decisions

Transfer of funds to trust fund for purposes of paying for services for protected person does not constitute payment if protected person retains legal right to request return of funds. Dorszynski v. Department of Human Services, 238 Or App 285, 242 P3d 657 (2010)

Court may use protected person’s funds to pay reasonable compensation to attorney who provided services on behalf of protected person. Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, PC, 248 Or App 185, 273 P3d 204 (2012)

Person is protected person at time that protective order has been entered; person is merely respondent at time that person is seeking protective order. Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, PC, 248 Or App 185, 273 P3d 204 (2012)

Payment of compensation for services rendered is not contingent on those services being beneficial to protected person. Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, PC, 248 Or App 185, 273 P3d 204 (2012)

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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Location: https://oregon.public.law/statutes/ors_125.095

Original Source: Section 125.095 — Fees, costs and disbursements payable in protective proceedings, https://www.oregonlegislature.gov/bills_laws/ors/ors125.html (last accessed Aug. 25, 2023).