125.080
Hearing; appointment of counsel.
(1) The court may require that a hearing be held on any petition or motion in a
protective proceeding.
(2) A hearing
must be held on a petition or motion if the respondent or protected person
makes or files an objection to the petition or motion and the objection is not
withdrawn before the time scheduled for the hearing.
(3) A hearing
must be held on a motion to modify a guardian’s powers under ORS 125.323.
(4) The
respondent or protected person may appear at a hearing in person or by counsel.
(5) If the
hearing is regarding a petition for appointment of a guardian for a vulnerable
youth or a petition involving a vulnerable youth guardianship, the court:
(a) May allow the
respondent or protected person, proposed guardian, guardian or any other
witness to appear by telephone, video or other remote technology;
(b)(A) May take
testimony from or confer with the respondent or protected person and may
exclude from the conference others if the court finds that doing so would be in
the best interests of the respondent or protected person; and
(B)
Notwithstanding subparagraph (A) of this paragraph, shall permit any attorney
for the respondent or protected person to attend the conference and the
conference must be reported;
(c) May not
inquire into the nationality or current immigration status of the proposed
guardian, guardian or any other witness; and
(d) May not
inquire about any prior immigration status of the respondent or protected
person or about the manner or place in which the respondent or protected person
entered the United States of America.
(6)(a) If the
court requires that a hearing be held or a hearing is otherwise required under
this section, the court shall appoint counsel for the respondent or protected
person when:
(A) The
respondent or protected person requests that counsel be appointed;
(B) An objection
is made or filed to the petition or motion by any person;
(C) The court has
appointed a visitor under ORS 125.150, 125.160 or 125.605, and the visitor
recommends appointment of counsel for the respondent or protected person; or
(D) The court
determines that the respondent or protected person is in need of legal counsel.
(b) The court is
not required to appoint counsel under this subsection if the respondent or
protected person is already represented by counsel or otherwise objects to
appointment of counsel.
(7) If the court
appoints counsel under subsection (6) of this section:
(a) The court
shall order payment of attorney fees and costs from the guardianship or
conservatorship estate of the respondent or protected person if sufficient
funds exist to pay all or a portion of the attorney fees and costs due; or
(b) The court may
determine that a respondent or protected person is financially eligible for
appointed counsel at state expense and, if so, the compensation for legal
counsel and costs and expenses necessary for representation of the respondent
or protected person shall be determined and paid by the executive director of
the Oregon Public Defense Commission as provided under ORS 135.055. [1995 c.664
§12; 1999 c.775 §1; 2003 c.227 §4; 2019 c.198 §3; 2021 c.399 §6; 2021 c.400 §1;
2023 c.281 §24]
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1998–2022 · 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 125.080 further provides, in part: “(1) The court may require that a hearing be held on any petition or motion in a protective proceeding.”
Caswell v. Day Law & Assocs., P. C., 481 P.3d 972 (Or. Ct. App. 2021).
· cites it 5× “Because Caswell objected to the motion, the probate court was required under ORS 125.080(2) to hold a hearing. The court did not err in ordering the fees returned to the estate, because, without court approval of the fees, they remained the “property of the protected person”…”
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
“075(3); ORS 125.080. Procedures governing objections to the appointment of a temporary guardian are, necessarily, telescoped, with the court hearing any objections within two judicial days after they are filed.”
Fuentes v. Tillett, 326 P.3d 1263 (Or. Ct. App. 2014).
“” ORS 125.080. The statutory text shows that the legislature intended evidentiary hearings to be required only when objections have been filed, and intended that finality attach to a final accounting that has been approved in accordance with statutory requirements.”
Marker v. Marker, 242 P.3d 638 (Or. Ct. App. 2010).
· cites it 2× “” ORS 125.080(1) (emphasis added). Thus, either the legislature or the United States Constitution may require a hearing on a petition; defendants do not argue for a constitutional requirement, and the legislature has not imposed one.”
Marker v. Marker, 242 P.3d 638 (Or. Ct. App. 2010).
· cites it 2× “" ORS 125.080(1) (emphasis added). Thus, either the legislature or the United States Constitution may require a hearing on a petition; defendants do not argue for a constitutional requirement, and the legislature has not imposed one.”
Louie v. Louie, 506 P.3d 1187 (Or. Ct. App. 2022).
“1 The reach of this opinion will be limited by amendments to ORS 125.080, which currently apply in Multnomah and Lane Counties and will gradually roll out across the state.”
— Or. Rev. Stat. § 125.080(1) — 2 cases
Marker v. Marker, 242 P.3d 638 (Or. Ct. App. 2010).
“” ORS 125.080(1) (emphasis added). Thus, either the legislature or the United States Constitution may require a hearing on a petition; defendants do not argue for a constitutional requirement, and the legislature has not imposed one.”
Marker v. Marker, 242 P.3d 638 (Or. Ct. App. 2010).
“" ORS 125.080(1) (emphasis added). Thus, either the legislature or the United States Constitution may require a hearing on a petition; defendants do not argue for a constitutional requirement, and the legislature has not imposed one.”
— Or. Rev. Stat. § 125.080(2) — 4 cases
Caswell v. Day Law & Assocs., P. C., 481 P.3d 972 (Or. Ct. App. 2021).
“Because Caswell objected to the motion, the probate court was required under ORS 125.080(2) to hold a hearing. The court did not err in ordering the fees returned to the estate, because, without court approval of the fees, they remained the “property of the protected person”…”
Babbitt v. Babbitt, 204 P.3d 799 (Or. Ct. App. 2009).
“” ORS 125.080 further provides, in part: “(1) The court may require that a hearing be held on any petition or motion in a protective proceeding.”
Marker v. Marker, 242 P.3d 638 (Or. Ct. App. 2010).
“” ORS 125.080(1) (emphasis added). Thus, either the legislature or the United States Constitution may require a hearing on a petition; defendants do not argue for a constitutional requirement, and the legislature has not imposed one.”
Marker v. Marker, 242 P.3d 638 (Or. Ct. App. 2010).
“" ORS 125.080(1) (emphasis added). Thus, either the legislature or the United States Constitution may require a hearing on a petition; defendants do not argue for a constitutional requirement, and the legislature has not imposed one.”
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