125.075
Presentation of objections.
(1) Any person who is interested in the affairs or welfare of a respondent or
protected person may present objections to a petition or to a motion in a
protective proceeding, including but not limited to:
(a) Any person
entitled to receive notice under ORS 125.060.
(b) Any
stepparent or stepchild of the respondent or protected person.
(c) Any other
person the court may allow.
(2) Objections to
a petition may be either written or oral. Objections to a motion must be in
writing, except that a protected person may object orally in person or by other
means that are intended to convey the protected person’s objections to the
court. Objections to a petition or to a motion must be made or filed with the
court within 15 days after notice of the petition or motion is served or mailed
in the manner prescribed by ORS 125.065. The court shall designate the manner
in which oral objections may be made that ensures that a protected person will
have the protected person’s objection presented to the court. The clerk of the
court shall provide a means of reducing the oral objections to a signed writing
for the purpose of filing the objection.
(3) If objections
are presented by any of the persons listed in subsection (1) of this section,
the court shall schedule a hearing on the objections. The petitioner or person
making the motion shall give notice to all persons entitled to notice under ORS
125.060 (3) of the date, time and place of the scheduled hearing at least 15
days before the date set for hearing. Notice shall be given in the manner
prescribed by ORS 125.065.
(4)
Notwithstanding ORS 21.170, the court may not charge or collect any fee for the
filing of objections under the provisions of this section or for the filing of
any motion from any of the following:
(a) The
respondent or the protected person;
(b) The office of
the Long Term Care Ombudsman; or
(c) The system
described in ORS 192.517 (1).
(5) The court for
good cause shown may provide for a different method or time of giving notice
under subsection (3) of this section. [1995 c.664 §11; 2011 c.595 §129; 2015
c.365 §1; 2017 c.391 §3]
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1998–2021 · leading case:
Babbitt v. Babbitt, 204 P.3d 799 (Or. Ct. App. 2009).
Babbitt v. Babbitt, 204 P.3d 799 (Or. Ct. App. 2009).
· cites it 7× “ORS 125.075(1) authorizes persons entitled to receive notice of the petition — including, as specified in ORS 125.”
Caswell v. Day Law & Assocs., P. C., 481 P.3d 972 (Or. Ct. App. 2021).
· cites it 3× “As mentioned, Caswell points out that motions for reconsideration are often denied without a hearing, and she argues generally that denial of the motion without explanation was not an abuse of its discretion.”
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
· cites it 3× “7 *462 ORS 125.075 describes extensive procedures for the respondent to object to the petition.”
Schaefer v. Schaefer, 52 P.3d 1125 (Or. Ct. App. 2002).
“070; ORS 125.075. She checked boxes next to typewritten statements asserting, “I do not want anyone else making any of my decisions for me,” and “I do not want [respondent] making any decisions for me.”
Haley v. Haley, 168 P.3d 305 (Or. Ct. App. 2007).
· cites it 2× “Tamera contends that one becomes subject to the personal jurisdiction of the court only on filing and serving objections to the petition pursuant to ORS 125.075 or by filing a request for notice in the proceedings pursuant to ORS 125.”
— Or. Rev. Stat. § 125.075(1) — 1 case
Babbitt v. Babbitt, 204 P.3d 799 (Or. Ct. App. 2009).
“ORS 125.075(1) authorizes persons entitled to receive notice of the petition — including, as specified in ORS 125.”
— Or. Rev. Stat. § 125.075(2) — 1 case
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
“7 *462 ORS 125.075 describes extensive procedures for the respondent to object to the petition.”
— Or. Rev. Stat. § 125.075(3) — 4 cases
Babbitt v. Babbitt, 204 P.3d 799 (Or. Ct. App. 2009).
“ORS 125.075(1) authorizes persons entitled to receive notice of the petition — including, as specified in ORS 125.”
Caswell v. Day Law & Assocs., P. C., 481 P.3d 972 (Or. Ct. App. 2021).
“As mentioned, Caswell points out that motions for reconsideration are often denied without a hearing, and she argues generally that denial of the motion without explanation was not an abuse of its discretion.”
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
“7 *462 ORS 125.075 describes extensive procedures for the respondent to object to the petition.”
Haley v. Haley, 168 P.3d 305 (Or. Ct. App. 2007).
“Tamera contends that one becomes subject to the personal jurisdiction of the court only on filing and serving objections to the petition pursuant to ORS 125.075 or by filing a request for notice in the proceedings pursuant to ORS 125.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.