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Oregon Revised Statutes

Or. Rev. Stat. § 125.010 (2026)

Protective proceedings

✓ current as of May 2026
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      125.010 Protective proceedings. (1) Any person who is interested in the affairs or welfare of a respondent may file a petition for the appointment of a fiduciary or entry of other protective order.

      (2) A protective proceeding is commenced by the filing of a petition in a court with jurisdiction over protective proceedings.

      (3) The court may appoint any of the following fiduciaries in a protective proceeding:

      (a) A guardian, with the powers and duties specified in this chapter.

      (b) A conservator, with the powers and duties specified in this chapter.

      (c) A temporary fiduciary, with the powers and duties specified in this chapter.

      (d) Any other fiduciary necessary to implement a protective order under ORS 125.650.

      (4) In addition to appointing a fiduciary, or in lieu of appointing a fiduciary, the court may enter any other protective order in a protective proceeding in the manner provided by ORS 125.650.

      (5) The court may make a determination described in ORS 127.550 with regard to an advance directive in a protective proceeding in which a guardian or temporary guardian has been appointed for the principal, or in which the petition seeks the appointment of a guardian or a temporary guardian for the principal. [1995 c.664 §2; 2001 c.396 §1]

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2006–2026 · leading case: Moyer v. Columbia State Bank, 505 P.3d 26 (Or. Ct. App. 2021).
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Moyer v. Columbia State Bank, 505 P.3d 26 (Or. Ct. App. 2021). “Ultimately, following a negotiation among the inter- ested parties, defendant Columbia State was appointed by the court, pursuant to a Stipulated Limited Judgment, as a “Special Fiduciary” under ORS 125.010(3)(d) and a “Special Representative” under ORS 130.”
In re McGraw, 414 P.3d 841 (Or. 2018). · cites it 2× “ORS 125.010 ("any person who is interested in the affairs or welfare of a respondent may file a petition for the appointment of a fiduciary").”
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021). “Then, in 1999, the legislature enacted the Elderly Persons and Disabled Persons Abuse Prevention Act, which amended ORS 125.010(1) to allow a “disabled person” to petition for protection from abuse under the EAPA and amended ORS 125.”
Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, P. C., 273 P.3d 204 (Or. Ct. App. 2012). “Furthermore, “[i]n addition to * * * or in lieu of appointing a fiduciary, the court may enter any other protective order in a protective proceeding in the manner provided by ORS 125.650.” 4 ORS *194 125.010(4).”
Babbitt v. Babbitt, 204 P.3d 799 (Or. Ct. App. 2009). “ORS 125.010 allows any person who is interested in the affairs or welfare of a respondent to file a petition for the appointment of a fiduciary, including a guardian.”
Helmig v. Farley, Piazza & Assocs., 180 P.3d 749 (Or. Ct. App. 2008). · cites it 3× “We also readily conclude that the petition and the record show that respondent, having been requested to file a petition by the Clackamas County Adult Protective Services’ long-term care ombudsman, was a person “interested in the *626 affairs or welfare” of Lea, with standing…”
Brown v. MacDonald & Assocs., LLC, 317 P.3d 301 (Or. Ct. App. 2013). “Walter Brown, a protected person, seeks reversal of the probate court’s denial of his motion to terminate a conservatorship established under ORS 125.010. 1 In 2007, the probate court established the conservatorship after concluding that Brown was financially incapable under ORS…”
Marker v. Marker, 242 P.3d 638 (Or. Ct. App. 2010). “” ORS 125.010(1). The respondent has a right to request a hearing, ORS 125.”
Cat Champion Corp. v. Primrose, 149 P.3d 1276 (Or. Ct. App. 2006). · cites it 2× “” Another provision, ORS 125.010(3), defines four types of fiduciaries: “The court may appoint any of the following fiduciaries in a protective proceeding: “(a) A guardian, with the powers and duties specified in this chapter.”
McCoy v. McCoy (Or. Ct. App. 2026). “ORS 125.010(2). The petition must include 1 Because we conclude that the trial court erred in concluding that appellant was incapacitated, we do not need to address appellant’s additional arguments that the remaining statutory requirements for the appointment of a guardian were…”
Marker v. Marker, 242 P.3d 638 (Or. Ct. App. 2010). “" ORS 125.010(1). The respondent has a right to request a hearing, ORS 125.”
— Or. Rev. Stat. § 125.010(1) — 3 cases
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021). “Then, in 1999, the legislature enacted the Elderly Persons and Disabled Persons Abuse Prevention Act, which amended ORS 125.010(1) to allow a “disabled person” to petition for protection from abuse under the EAPA and amended ORS 125.”
Marker v. Marker, 242 P.3d 638 (Or. Ct. App. 2010). “” ORS 125.010(1). The respondent has a right to request a hearing, ORS 125.”
Marker v. Marker, 242 P.3d 638 (Or. Ct. App. 2010). “" ORS 125.010(1). The respondent has a right to request a hearing, ORS 125.”
— Or. Rev. Stat. § 125.010(2) — 1 case
McCoy v. McCoy (Or. Ct. App. 2026). “ORS 125.010(2). The petition must include 1 Because we conclude that the trial court erred in concluding that appellant was incapacitated, we do not need to address appellant’s additional arguments that the remaining statutory requirements for the appointment of a guardian were…”
— Or. Rev. Stat. § 125.010(3) — 2 cases
Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, P. C., 273 P.3d 204 (Or. Ct. App. 2012). “Furthermore, “[i]n addition to * * * or in lieu of appointing a fiduciary, the court may enter any other protective order in a protective proceeding in the manner provided by ORS 125.650.” 4 ORS *194 125.010(4).”
Cat Champion Corp. v. Primrose, 149 P.3d 1276 (Or. Ct. App. 2006). “” Another provision, ORS 125.010(3), defines four types of fiduciaries: “The court may appoint any of the following fiduciaries in a protective proceeding: “(a) A guardian, with the powers and duties specified in this chapter.”
— Or. Rev. Stat. § 125.010(3)(d) — 2 cases
Moyer v. Columbia State Bank, 505 P.3d 26 (Or. Ct. App. 2021). “Ultimately, following a negotiation among the inter- ested parties, defendant Columbia State was appointed by the court, pursuant to a Stipulated Limited Judgment, as a “Special Fiduciary” under ORS 125.010(3)(d) and a “Special Representative” under ORS 130.”
Cat Champion Corp. v. Primrose, 149 P.3d 1276 (Or. Ct. App. 2006). “” Another provision, ORS 125.010(3), defines four types of fiduciaries: “The court may appoint any of the following fiduciaries in a protective proceeding: “(a) A guardian, with the powers and duties specified in this chapter.”
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