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.
(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]
Notes of Decisions
Cited in
2
cases (
1 in the last 5 years), 1998–2026 · leading case:
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
· cites it 7× “The court could properly have continued Hawkins’ temporary guardianship, or could have entertained the filing of a new or amended “emergency” petition nominating Van Duzen as temporary guardian, pending the filing of, and any objections to, an amended petition nominating Van…”
McCoy v. McCoy (Or. Ct. App. 2026).
· cites it 3× “See ORS 125.605(1) (“[A] petition for the appointment of a temporary fiduciary must contain allegations of the conditions required under ORS 125.”
— Or. Rev. Stat. § 125.605(1) — 2 cases
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
“The court could properly have continued Hawkins’ temporary guardianship, or could have entertained the filing of a new or amended “emergency” petition nominating Van Duzen as temporary guardian, pending the filing of, and any objections to, an amended petition nominating Van…”
McCoy v. McCoy (Or. Ct. App. 2026).
“See ORS 125.605(1) (“[A] petition for the appointment of a temporary fiduciary must contain allegations of the conditions required under ORS 125.”
— Or. Rev. Stat. § 125.605(2) — 1 case
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
“The court could properly have continued Hawkins’ temporary guardianship, or could have entertained the filing of a new or amended “emergency” petition nominating Van Duzen as temporary guardian, pending the filing of, and any objections to, an amended petition nominating Van…”
— Or. Rev. Stat. § 125.605(4) — 2 cases
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
“The court could properly have continued Hawkins’ temporary guardianship, or could have entertained the filing of a new or amended “emergency” petition nominating Van Duzen as temporary guardian, pending the filing of, and any objections to, an amended petition nominating Van…”
McCoy v. McCoy (Or. Ct. App. 2026).
“See ORS 125.605(1) (“[A] petition for the appointment of a temporary fiduciary must contain allegations of the conditions required under ORS 125.”
— Or. Rev. Stat. § 125.605(5) — 1 case
Spady v. Hawkins, 963 P.2d 125 (Or. Ct. App. 1998).
“The court could properly have continued Hawkins’ temporary guardianship, or could have entertained the filing of a new or amended “emergency” petition nominating Van Duzen as temporary guardian, pending the filing of, and any objections to, an amended petition nominating Van…”
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