125.650 Other
protective orders; filing fee.
(1) The court may enter protective orders without the appointment of a
fiduciary or in addition to appointment of a fiduciary. A petition for a
protective order that does not seek the appointment of a fiduciary is subject
to all requirements prescribed for petitions for appointment of a fiduciary. A
single filing fee shall be collected pursuant to ORS 21.135 (1) for a petition
for a protective order regardless of whether the petition requests multiple
protective orders. A court may enter a protective order other than appointment
of a fiduciary only upon a determination that grounds exist for the appointment
of a fiduciary.
(2) In issuing
protective orders under this section, the court may exercise any power that
could be exercised by a guardian or conservator in a protective proceeding, or
any power that could be exercised by the court in a protective proceeding in
which a fiduciary is appointed.
(3) Before
entering a protective order under this section, the court shall consider the
interests of creditors and dependents of the protected person and whether the
protected person needs the continuing protection of a fiduciary.
(4) The court may
appoint a fiduciary whose authority is limited to a specified time and whose
power is limited to certain acts needed to implement the protective order. A
fiduciary appointed under this subsection need only make such report to the
court as the court may require.
(5) In addition
to any other protective order that may be entered under this section, the court
may authorize, direct or ratify:
(a) Any
transaction necessary or desirable to achieve any security, service or care
arrangement meeting the foreseeable needs of the protected person, including
but not limited to payment, delivery, deposit or retention of funds or
property, sale, mortgage, lease or other transfer of property, entry into an
annuity contract, a contract for life care, a deposit contract, a contract for
training and education, or addition to or establishment of a suitable trust.
(b) Any contract,
trust or other transaction relating to the protected person’s financial affairs
or involving the estate of the person if the court determines that the
transaction is in the best interests of the protected person. [1995 c.664 §66;
2022 c.68 §5]
OREGON PUBLIC GUARDIAN
AND CONSERVATOR
Notes of Decisions
Derkatsch v. Thorp, Purdy, Jewett, Urness & Wilkinson, P. C., 273 P.3d 204 (Or. Ct. App. 2012).
· cites it 3× “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.”
Cat Champion Corp. v. Primrose, 149 P.3d 1276 (Or. Ct. App. 2006).
· cites it 26× “Petitioner Cat Champion Corporation appeals from the trial court’s order denying its petition for a limited protective order regarding respondent’s cats under ORS 125.650. Cat Champion assigns error to the court’s determination that it lacked statutory authority to enter the…”
Kirkeby v. Covenant House, 970 P.2d 241 (Or. Ct. App. 1998).
“105 may be filed on behalf of a financially incapable surviving spouse by a court acting under ORS 125.650 [exercising any power that could be exercised by guardian or conservator to enter protective order] or by the conservator of the estate of the spouse.”
Wilson v. Wilson, 197 P.3d 1141 (Or. Ct. App. 2008).
“105 may be filed on behalf of a financially incapable surviving spouse by a court acting under ORS 125.650 or by the conservator of the estate of the spouse.”
— Or. Rev. Stat. § 125.650(1) — 1 case
Cat Champion Corp. v. Primrose, 149 P.3d 1276 (Or. Ct. App. 2006).
“Petitioner Cat Champion Corporation appeals from the trial court’s order denying its petition for a limited protective order regarding respondent’s cats under ORS 125.650. Cat Champion assigns error to the court’s determination that it lacked statutory authority to enter the…”
— Or. Rev. Stat. § 125.650(2) — 1 case
Cat Champion Corp. v. Primrose, 149 P.3d 1276 (Or. Ct. App. 2006).
“Petitioner Cat Champion Corporation appeals from the trial court’s order denying its petition for a limited protective order regarding respondent’s cats under ORS 125.650. Cat Champion assigns error to the court’s determination that it lacked statutory authority to enter the…”
— Or. Rev. Stat. § 125.650(4) — 1 case
Cat Champion Corp. v. Primrose, 149 P.3d 1276 (Or. Ct. App. 2006).
“Petitioner Cat Champion Corporation appeals from the trial court’s order denying its petition for a limited protective order regarding respondent’s cats under ORS 125.650. Cat Champion assigns error to the court’s determination that it lacked statutory authority to enter the…”
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