125.400 Order
of appointment.
Upon the filing of a petition seeking the appointment of a conservator, the
court may appoint a conservator and make other appropriate protective orders if
the court finds by clear and convincing evidence that the respondent is a minor
or financially incapable, and that the respondent has money or property that
requires management or protection. [1995 c.664 §33]
Notes of Decisions
Cited in
4
cases, 2004–2013 · leading case:
Grimmett v. Brooks, 89 P.3d 1238 (Or. Ct. App. 2004).
Grimmett v. Brooks, 89 P.3d 1238 (Or. Ct. App. 2004).
· cites it 2× “ORS 125.400 provides, in part: “Upon the filing of a petition seeking the appointment of a conservator, the court may appoint a conservator * * * if the court finds by clear and convincing evidence that the respondent is * * * financially incapable, and that the respondent has…”
Helmig v. Farley, Piazza & Assocs., 180 P.3d 749 (Or. Ct. App. 2008).
· cites it 5× “In this proceeding for the appointment of a conservator under ORS 125.400, appellant Lester Helmig appeals from the probate court’s appointment of respondent Farley, Piazza & Associates as professional conservator for appellant’s mother, Lea Helmig.”
Brown v. MacDonald & Assocs., LLC, 317 P.3d 301 (Or. Ct. App. 2013).
· cites it 2× “1 In 2007, the probate court established the conservatorship after concluding that Brown was financially incapable under ORS 125.400. In 2010, Brown filed a motion to terminate the protective proceeding under ORS 125.”
Cat Champion Corp. v. Primrose, 149 P.3d 1276 (Or. Ct. App. 2006).
· cites it 3× “305; (b) a conservator, ORS 125.400; or (c) a temporary fiduciary, ORS 125.”
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