(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, 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 to 125.520, 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]
Structure 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 125.015 - 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 125.150 - 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 125.305 - 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 125.405 - 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 125.605 - 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 125.689 - 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 125.730 - 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.