Oregon Statutes 125.120 – Protected person special advocate; appointment; duties; immunity; access to records and information; qualifications, standards and procedures
(1) At any time after a presiding judge issues a court order described in subsection (5) of this section and after the appointment of a fiduciary that is not a financial institution or trust company as defined in ORS § 706.008, the court, on its own motion or on the motion of any person who is interested in the affairs or welfare of the protected person, may appoint a volunteer to serve as a protected person special advocate.
Terms Used In Oregon Statutes 125.120
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter. See Oregon Statutes 125.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Protected person: means a person for whom a protective order has been entered. See Oregon Statutes 125.005
(2) The protected person special advocate shall:
(a) Investigate and evaluate the protected person’s circumstances to establish whether the fiduciary is fulfilling the fiduciary duties and obligations with which the fiduciary has been charged;
(b) Inform the fiduciary of support services and resources available in the community to assist in the care and welfare of the protected person;
(c) Provide a written report to the court of the findings of the protected person special advocate, in a form approved by the court, and provide copies of the report to all persons entitled to notice under ORS § 125.060; and
(d) Perform any other duties, responsibilities or functions as ordered by the court.
(3)(a) A person appointed as a protected person special advocate shall perform the duties, responsibilities and functions of a protected person special advocate as a volunteer and is not entitled to compensation or reimbursement for expenses from the court, the protected person or the protected person’s estate.
(b) A person appointed as a protected person special advocate is immune from any liability for acts or omissions or errors in judgment made in good faith in the course or scope of the person’s duties, responsibilities and functions as a protected person special advocate.
(4) Subject to any law relating to confidentiality and as specified in the court’s order appointing the protected person special advocate, the special advocate may inspect and copy records and information related to the health, mental health, finances, education and welfare of the protected person as is necessary to perform the duties, responsibilities and functions of the special advocate. Records and information inspected and copied by the special advocate under this subsection may be disclosed only for the purpose of performing the duties, responsibilities and functions specified in the court’s order appointing the special advocate.
(5)(a) Before a court may appoint protected person special advocates, the presiding judge shall by court order establish:
(A) Qualifications for persons serving as protected person special advocates; and
(B) Standards and procedures to be used by protected person special advocates in the performance of their duties, responsibilities and functions.
(b) Protected person special advocates may be employees of the court but may not have any personal interest in the protected person or any pecuniary or financial interest in the proceedings. [2014 c.39 § 2]
VISITORS