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Or. Rev. Stat. § 125.025
Oregon Revised Statutes
Title
13. Protective Proceedings; Powers of Attorney; Trusts
Chapter
125. Protective Proceedings
General
Provisions
§ 125.025. Court
authority in protective proceedings
(1) A court having jurisdiction over a protective proceeding shall exercise
continuing authority over the proceeding. Subject to the provisions of
this chapter, the court may act upon the petition or motion of any person
or upon its own authority at any time and in any manner it deems appropriate
to determine the condition and welfare of the respondent or protected
person and to inquire into the proper performance of the duties of a fiduciary
appointed under the provisions of this chapter.
(2)
A court having jurisdiction over a protective proceeding in which the
respondent or protected person is a minor shall consider and apply all
relevant provisions of the Indian Child Welfare Act codified at 25 U.S.C.
sections 1901
et seq.
(3)
A court having jurisdiction over a protective proceeding may:
(a)
Compel the attendance of any person, including respondents, protected
persons, fiduciaries and any other person who may have knowledge about
the person or estate of a respondent or protected person. The court may
require those persons to respond to inquiries and produce documents that
are subject to discovery under ORCP 36.
(b)
Appoint counsel for a respondent or protected person.
(c)
Appoint investigators, visitors and experts to aid the court in the court's
investigation.
(d)
Exercise jurisdiction over any transaction entered into by a fiduciary
to determine if a conflict of interest existed and enter an appropriate
judgment with respect to the transaction.
(e)
Surcharge a surety for any loss caused by failure of a fiduciary to perform
a fiduciary duty or any other duty imposed by this chapter, including
a surcharge for attorney fees incurred by a respondent or protected person
by reason of the failure.
(f)
Require immediate delivery of a protected person or property of the protected
person, including records, accounts and documents relating to that property,
to the court or to a place it designates.
(g)
Require the fiduciary to produce any and all records that might provide
information about the treatment or condition of the protected person or
property of the protected person.
(h)
Remove a fiduciary whenever that removal is in the best interests of the
protected person.
(i)
Appoint a successor fiduciary when a fiduciary has died, resigned or been
removed.
(j)
Require a respondent or protected person to submit to a physical or mental
examination pursuant to ORCP 44.
(k)
Make provisions for parenting time or visitation or order support for
any minor who is a respondent or protected person in a protective proceeding.
(L)
Impose any conditions and limitations upon the fiduciary that the court
considers appropriate, including limitations on the duration of the appointment.
Any conditions or limitations imposed on the fiduciary must be reflected
in the letters of appointment.
(4)
When a person files a petition or motion for a support order under subsection
(3)(k) of this section:
(a)
The person shall state in the petition or motion, to the extent known:
(A)
Whether there is pending in this state or any other jurisdiction any type
of support proceeding involving the minor, including a proceeding brought
under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103,
109.165, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110;
and
(B)
Whether there exists in this state or any other jurisdiction a support
order, as defined in ORS 110.303, involving the minor.
(b)
The person shall include with the petition or motion a certificate regarding
any pending support proceeding and any existing support order. The person
shall use a certificate that is in a form established by court rule and
include information required by court rule and paragraph (a) of this subsection.
(5)
When the court acts upon its own authority to order support under subsection
(3)(k) of this section, at least 21 days before the hearing the court
shall notify the Administrator of the Division of Child Support of the
Department of Justice, or the branch office providing support services
to the county
where the hearing will be held, of the hearing. Before the hearing the
administrator shall inform the court, to the extent known:
(a)
Whether there is pending in this state or any other jurisdiction any type
of support proceeding involving the minor, including a proceeding brought
under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103,
109.165, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110;
and
(b)
Whether there exists in this state or any other jurisdiction a support
order, as defined in ORS 110.303, involving the minor.
(6)
The Judicial Department and the Department of Justice may enter into an
agreement regarding how the courts give the notice required under subsection
(5) of this section to the Department of Justice and how the Department
of Justice gives the information described in subsection (5)(a) and (b)
to the courts.
(7)
If the court finds that a conservator should be appointed, the court may
exercise all the powers over the estate and affairs of the protected person
that
the protected person could exercise if present and not under disability,
except the power to make a will. The court shall exercise those powers
for the benefit of the protected person and members of the household of
the protected person.
(8)
The powers of the court in protective proceedings may be exercised by
the court directly or through a fiduciary.
Laws
1995, c. 664, § 5; Laws 1997, c. 707, § 27; Laws 2003, c. 116,
§ 11.
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