ORS 125.150
Appointment of visitors


(1)

Intentionally left blank —Ed.

(a)

The court shall appoint a visitor upon the filing of a petition in a protective proceeding that seeks the appointment of:

(A)

A guardian for an adult respondent;

(B)

A guardian for a minor respondent who is more than 16 years of age, in cases where the court determines there is the likelihood that a petition seeking appointment of a guardian for the respondent as an adult will be filed before the date that the respondent attains majority, in accordance with ORS 125.055 (Petitions in protective proceedings) (6)(a), or as an adult; or

(C)

A temporary fiduciary who will exercise the powers of a guardian for an adult respondent.

(b)

Notwithstanding paragraph (a) of this subsection, if a petition in a protective proceeding seeks the appointment of a guardian for a respondent because the respondent is, or, if the respondent is a minor, will be a vulnerable youth, the court in its discretion may appoint a visitor.

(c)

The court may appoint a visitor in any other protective proceeding or in a proceeding under ORS 109.329 (Adoption of person 18 years of age or older or legally married).

(2)

A visitor may be an officer, employee or special appointee of the court. The person appointed may not have any personal interest in the proceedings. The person appointed must have training or expertise adequate to allow the person to appropriately evaluate the functional capacity and needs of a respondent or protected person, or each petitioner and the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married). The court shall provide a copy of the petition and other filings in the proceedings that may be of assistance to the visitor.

(3)

A visitor appointed by the court under this section shall interview a person nominated or appointed as fiduciary and the respondent or protected person, or each petitioner and the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married), personally at the place where the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married), is located.

(4)

Subject to any law relating to confidentiality, the visitor may interview any physician, naturopathic physician or psychologist who has examined the respondent or protected person, or each petitioner under ORS 109.329 (Adoption of person 18 years of age or older or legally married), the person or officer of the institution having the care, custody or control of the respondent or protected person, or each petitioner under ORS 109.329 (Adoption of person 18 years of age or older or legally married), and any other person who may have relevant information.

(5)

If requested by a visitor under subsection (4) of this section, a physician, naturopathic physician or psychologist who has examined the respondent or protected person, or each petitioner under ORS 109.329 (Adoption of person 18 years of age or older or legally married), may, with patient authorization or, in the case of a minor respondent, with the authorization of the minor’s parent or the person having custody of the minor, or in response to a court order in accordance with ORCP 44 or a subpoena under ORCP 55, provide any relevant information the physician, naturopathic physician or psychologist has regarding the respondent or protected person, or each petitioner under ORS 109.329 (Adoption of person 18 years of age or older or legally married).

(6)

A visitor shall determine whether it appears that the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married), is able to attend the hearing and, if able to attend, whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married), is willing to attend the hearing.

(7)

If a petition is filed seeking the appointment of a guardian for an adult respondent, a visitor shall investigate the following matters:

(a)

The inability of the respondent to provide for the needs of the respondent with respect to physical health, food, clothing and shelter;

(b)

The location of the respondent’s residence and the ability of the respondent to live in the residence while under guardianship;

(c)

Alternatives to guardianship considered by the petitioner and reasons why those alternatives are not available;

(d)

Health or social services provided to the respondent during the year preceding the filing of the petition, when the petitioner has information as to those services;

(e)

The inability of the respondent to resist fraud or undue influence; and

(f)

Whether the respondent’s inability to provide for the needs of the respondent is an isolated incident of negligence or improvidence, or whether a pattern exists.

(8)

If a petition is filed seeking the appointment of a fiduciary, a visitor shall determine whether the respondent objects to:

(a)

The appointment of a fiduciary; and

(b)

The nominated fiduciary or prefers another person to act as fiduciary.

(9)

If a petition is filed seeking the appointment of a conservator in addition to the appointment of a guardian, a visitor shall investigate whether the respondent is financially incapable. The visitor shall interview the person nominated to act as conservator and shall interview the respondent personally at the place where the respondent is located.

(10)

A visitor shall determine whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married), wishes to be represented by counsel and, if so, whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married), has retained counsel and, if not, the name of an attorney the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married), wishes to retain.

(11)

If the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married), has not retained counsel, a visitor shall determine whether the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married), desires the court to appoint counsel.

(12)

If the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married), does not plan to retain counsel and has not requested the appointment of counsel by the court, a visitor shall determine whether the appointment of counsel would help to resolve the matter and whether appointment of counsel is necessary to protect the interests of the respondent or protected person, or each petitioner or the person to be adopted under ORS 109.329 (Adoption of person 18 years of age or older or legally married). [1995 c.664 §16; 2003 c.89 §1; 2003 c.227 §5; 2003 c.579 §§3,4; 2015 c.176 §1; 2017 c.356 §10; 2021 c.399 §9]

Source: Section 125.150 — Appointment of visitors, 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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