Oregon Statutes 125.605 – Procedure for appointment of temporary fiduciary
(1) In addition to the requirements of ORS § 125.055, a petition for the appointment of a temporary fiduciary must contain allegations of the conditions required under ORS § 125.600.
Terms Used In Oregon Statutes 125.605
- Conservator: means a person appointed as a conservator under the provisions of this chapter. See Oregon Statutes 125.005
- 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
- Respondent: means a person for whom entry of a protective order is sought in a petition filed under ORS § 125. See Oregon Statutes 125.005
- Visitor: means a person appointed by the court under ORS § 125. See Oregon Statutes 125.005
(2) Notice of a petition for the appointment of a temporary fiduciary must be given to the persons specified in ORS § 125.060 (2) in the manner provided by ORS § 125.065 at least two days before the appointment of a temporary fiduciary. The court may waive the requirement that notice be given before appointment if the court finds that the immediate and serious danger requires an immediate appointment. In no event may the notice required by ORS § 125.060 be given more than two days after the appointment is made.
(3) Notice of a motion for the extension of a temporary fiduciary’s authority beyond 30 days under ORS § 125.600 (3) must be given to the persons specified in ORS § 125.060 (2) in the manner provided by ORS § 125.065 at least two days before the entry of an order granting the extension.
(4) The court shall appoint a visitor if the petition seeks appointment of a temporary guardian. A visitor may be appointed by the court if a petition seeks appointment of a temporary conservator. Within three days after the appointment of the temporary fiduciary, the visitor shall conduct an interview of the respondent. The visitor shall report to the court within five days after the appointment of a temporary fiduciary is made. The report of the visitor shall be limited to the conditions alleged to support the appointment of a temporary fiduciary.
(5) If objections are made to the appointment of a temporary fiduciary or to the extension of a temporary fiduciary’s authority under ORS § 125.600 (3), the court shall hear the objections within two judicial days after the date on which the objections are filed. Notwithstanding ORS § 21.170, no fee shall be charged to any person filing an objection to the appointment of a temporary fiduciary or to the extension of a temporary fiduciary’s authority under ORS § 125.600 (3). [1995 c.664 § 64; 1997 c.717 § 9; 2011 c.595 § 130]