2021 Oregon Revised Statutes
Chapter 125 - Protective Proceedings
Section 125.082 - Notice of appointment.


(b)(A) The notice provided to the protected person under this subsection must be delivered in person in a manner reasonably calculated to be understood by the protected person.
(B) When delivering the notice to the protected person under this subsection, the guardian shall offer to also provide the notice to the protected person orally. If the protected person requests oral notice in response to the offer or otherwise, the guardian shall provide oral notice.
(C) In providing notice to the protected person under this paragraph, the guardian shall provide reasonable accommodations for effective communication as necessary.
(c) Notwithstanding paragraph (b) of this subsection, if the guardian determines that personal delivery of the notice to the protected person is unduly burdensome, the guardian may deliver the notice by first class mail and certified, registered or express mail, return receipt requested.
(2) A notice under this section must include:
(a) The title of the court in which the protective proceeding is pending and the clerk’s file number;
(b) The name and address of the protected person and the attorney for the protected person, if any;
(c) The name and address of the guardian and the attorney for the guardian, if any;
(d) The date of the appointment of the guardian;
(e) A statement describing the authority awarded to the guardian and any limitations placed on the guardian’s authority;
(f) A statement advising the protected person or other interested person of the right of the protected person to seek removal of the guardian or termination of the guardianship; and
(g) If the notice is delivered to the protected person as provided in subsection (1)(c) of this section, a statement describing why personal delivery of the notice was unduly burdensome.
(3) No later than 30 days following the date of the guardian’s appointment, the guardian shall file in the proceeding before the court proof of the giving of notice under this section, including:
(a) The date, time and place where written notice was provided;
(b) A description of the manner the notice was provided, whether notice was provided orally and whether any reasonable accommodation was provided;
(c) If the guardian delivered notice as provided in subsection (1)(c) of this section, a brief description of why personal delivery of the notice was unduly burdensome together with return of receipt of the mailing; and
(d) 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 guardian intends to place the protected person in such a facility, the guardian shall provide notice under this section to the system described in ORS 192.517 (1):
(A) If the guardian is represented by counsel, electronically in a manner described by the system; or
(B) If the guardian is not represented by counsel, by mail or electronically in a manner described by the system. [2019 c.77 §2; 2021 c.327 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 125 - Protective Proceedings

Section 125.005 - Definitions.

Section 125.010 - Protective proceedings.

Section 125.012 - Petition for protective order; disclosure of information; confidentiality; inspection; visitor report.

Section 125.015 - Jurisdiction of protective proceedings; proceedings in other states.

Section 125.020 - Venue for protective proceedings.

Section 125.025 - Authority of the court in protective proceedings.

Section 125.030 - Use of limited judgment in protective proceedings.

Section 125.035 - Reports to Legislative Assembly regarding protective proceedings.

Section 125.055 - Petitions in protective proceedings.

Section 125.060 - Who must be given notice.

Section 125.065 - Manner of giving notice.

Section 125.070 - Contents of notice.

Section 125.075 - Presentation of objections.

Section 125.080 - Hearing; appointment of counsel.

Section 125.082 - Notice of appointment.

Section 125.085 - Motions after appointment of a fiduciary; disclosure of protected information.

Section 125.090 - Termination of proceedings.

Section 125.095 - Fees, costs and disbursements payable in protective proceedings.

Section 125.098 - Factors in determining award of attorney fees; appeal.

Section 125.120 - Protected person special advocate; appointment; duties; immunity; access to records and information; qualifications, standards and procedures.

Section 125.150 - Appointment of visitors.

Section 125.155 - Visitor’s report.

Section 125.165 - Qualifications and standards for visitors.

Section 125.170 - Payment and reimbursement for visitor services.

Section 125.205 - Persons not qualified to act as fiduciary.

Section 125.210 - Circumstances requiring notice to court.

Section 125.215 - Acceptance of appointment as fiduciary; notice of proceedings to fiduciary.

Section 125.221 - Conflicts of interest.

Section 125.225 - Removal of fiduciary.

Section 125.230 - Termination of fiduciary’s authority; discharge of fiduciary.

Section 125.240 - Professional fiduciaries.

Section 125.242 - Exemptions for financial institutions and trust companies.

Section 125.300 - In general.

Section 125.305 - Order of appointment.

Section 125.310 - Letters of guardianship.

Section 125.315 - General powers and duties of guardian.

Section 125.320 - Limitations on guardian.

Section 125.323 - Limits on association.

Section 125.325 - Guardian’s report.

Section 125.330 - Limitations on guardian appointed for person committed to custody of Department of Corrections.

Section 125.405 - Letters of conservatorship.

Section 125.410 - Conservator’s bond.

Section 125.415 - Termination of bond by surety.

Section 125.425 - Powers of conservator to pay expenses of protected person and dependents.

Section 125.430 - Sale of protected person’s residence.

Section 125.440 - Acts conservator may perform only with court approval.

Section 125.445 - Acts authorized to be performed without prior court approval.

Section 125.455 - Power of competent protected person over estate.

Section 125.465 - Discovery of property; examination by conservator.

Section 125.470 - Filing of inventory required; supplemental inventory.

Section 125.475 - Conservator’s accounting to court; contents.

Section 125.485 - Liability of conservator.

Section 125.490 - Status of persons dealing with conservator.

Section 125.495 - Payment of claims against estate or protected person.

Section 125.500 - Enforcement of claim against estate or protected person.

Section 125.510 - Procedure where claim disallowed.

Section 125.515 - Effect of presentation of claim on statute of limitations.

Section 125.520 - Order of payment of expenses and claims.

Section 125.525 - Termination of conservatorship.

Section 125.540 - Payment of debt and delivery of property to foreign conservator.

Section 125.600 - In general.

Section 125.605 - Procedure for appointment of temporary fiduciary.

Section 125.610 - Report of temporary fiduciary.

Section 125.650 - Other protective orders.

Section 125.675 - Definitions.

Section 125.678 - Appointment; term; responsibilities; delegation of duties; rules.

Section 125.680 - Duties of Oregon Public Guardian and Conservator.

Section 125.683 - Needs assessment; access to records; written plan for services.

Section 125.685 - Deputy public guardian and conservator; volunteer requirements and responsibilities.

Section 125.687 - Limitations of court on appointment of Oregon Public Guardian and Conservator; bond; fees and compensation.

Section 125.689 - Oregon Public Guardian and Conservator Fund.

Section 125.691 - Oregon Public Guardian and Conservator Protected Person Trust Account.

Section 125.693 - High-risk teams; appointment; membership; duties.

Section 125.694 - Confidentiality.

Section 125.700 - Office of county public guardian and conservator; expenses; termination.

Section 125.705 - Effect of vacancy in office of county public guardian and conservator.

Section 125.710 - Powers and duties of county public guardian and conservator.

Section 125.715 - Bond; exoneration of surety.

Section 125.720 - Deposit of funds.

Section 125.725 - Reimbursement of county public guardian and conservator’s expenses from estate of ward or protected person.

Section 125.730 - Fees prohibited.

Section 125.800 - Short title.

Section 125.802 - Definitions.

Section 125.805 - International application.

Section 125.807 - Communication between courts.

Section 125.810 - Cooperation between courts.

Section 125.812 - Taking testimony in another state.

Section 125.815 - Definitions; significant-connection factors.

Section 125.817 - Exclusive basis.

Section 125.820 - Jurisdiction.

Section 125.822 - Special jurisdiction.

Section 125.825 - Exclusive and continuing jurisdiction.

Section 125.827 - Appropriate forum.

Section 125.830 - Jurisdiction declined by reason of conduct.

Section 125.832 - Notice of proceeding.

Section 125.835 - Proceedings in more than one state.

Section 125.837 - Transfer of guardianship or conservatorship to another state.

Section 125.840 - Accepting guardianship or conservatorship transferred from another state.

Section 125.842 - Registration of guardianship orders; fee.

Section 125.845 - Registration of conservatorship orders; fee.

Section 125.847 - Effect of registration.

Section 125.850 - Uniformity of application and construction.

Section 125.852 - Relation to Electronic Signatures in Global and National Commerce Act.