US Laws, Codes, Statutes & Cases

Chapter 125 — Protective Proceedings

 

2007 EDITION

 

PROTECTIVE PROCEEDINGS

 

PROTECTIVE PROCEEDINGS; POWERS OF ATTORNEY; TRUSTS

 

GENERAL PROVISIONS

 

125.005     Definitions

 

125.010     Protective proceedings

 

125.015     Jurisdiction of protective proceedings; proceedings in other states

 

125.020     Venue for protective proceedings

 

125.025     Authority of the court in protective proceedings

 

125.030     Use of limited judgment in protective proceedings

 

PROCEDURE IN PROTECTIVE PROCEEDINGS

 

125.050     Application of ORCP and Oregon Evidence Code

 

125.055     Petitions in protective proceedings

 

125.060     Who must be given notice

 

125.065     Manner of giving notice

 

125.070     Contents of notice

 

125.075     Presentation of objections

 

125.080     Hearing

 

125.085     Motions after appointment of a fiduciary

 

125.090     Termination of proceedings

 

125.095     Compensation and expenses payable in protective proceedings

 

VISITORS

 

125.150     Appointment of visitors

 

125.155     Visitor’s report

 

125.160     Subsequent appointment of visitor

 

125.165     Qualifications and standards for visitors

 

125.170     Payment and reimbursement for visitor services

 

FIDUCIARIES GENERALLY

 

125.200     Preferences in appointing fiduciary

 

125.205     Persons not qualified to act as fiduciary

 

125.210     Notice to court of criminal conviction, revocation or cancellation of occupational license or bankruptcy proceedings

 

125.215     Acceptance of appointment as fiduciary; notice of proceedings to fiduciary

 

125.221     Conflicts of interest

 

125.225     Removal of fiduciary

 

125.230     Termination of fiduciary’s authority; discharge of fiduciary

 

125.235     Liability of fiduciary

 

125.240     Professional fiduciaries

 

125.242     Exemptions for financial institutions and trust companies

 

GUARDIANS

 

125.300     In general

 

125.305     Order of appointment

 

125.310     Letters of guardianship

 

125.315     General powers and duties of guardian

 

125.320     Limitations on guardian

 

125.325     Guardian’s report

 

125.330     Limitations on guardian appointed for person committed to custody of Department of Corrections

 

CONSERVATORS

 

(Appointment)

 

125.400     Order of appointment

 

125.405     Letters of conservatorship

 

(Bond)

 

125.410     Conservator’s bond

 

125.415     Termination of bond by surety

 

(Conservator’s Powers and Duties)

 

125.420     Power of conservator over property of protected person

 

125.425     Powers of conservator to pay expenses of protected person and dependents

 

125.430     Sale of protected person’s residence

 

125.435     Power of conservator to make gifts

 

125.440     Acts conservator may perform only with court approval

 

125.445     Acts authorized to be performed without prior court approval

 

125.450     Voidable transactions

 

(Desires of Protected Person)

 

125.455     Power of competent protected person over estate

 

125.460     Consideration of estate plan of protected person

 

(Inventory of Property)

 

125.465     Discovery of property; examination by conservator

 

125.470     Filing of inventory required; supplemental inventory

 

(Accountings)

 

125.475     Conservator’s accounting to court; contents

 

125.480     Approval of accounting

 

(Liabilities)

 

125.485     Liability of conservator

 

125.490     Status of persons dealing with conservator

 

(Claims and Expenses)

 

125.495     Payment of claims against estate or protected person

 

125.500     Enforcement of claim against estate or protected person

 

125.505     Notice of claim to conservator

 

125.510     Procedure where claim disallowed

 

125.515     Effect of presentation of claim on statute of limitations

 

125.520     Order of payment of expenses and claims

 

(Termination of Proceedings)

 

125.525     Termination of conservatorship

 

125.530     Powers and duties of conservator on death of protected person

 

125.535     Disposition of small estate

 

(Payment to Foreign Conservator)

 

125.540     Payment of debt and delivery of property to foreign conservator

 

TEMPORARY FIDUCIARIES

 

125.600     In general

 

125.605     Procedure for appointment of temporary fiduciary

 

125.610     Report of temporary fiduciary

 

OTHER PROTECTIVE ORDERS

 

125.650     Other protective orders

 

PUBLIC GUARDIANS AND CONSERVATORS

 

125.700     Office of public guardian and conservator; expenses; termination

 

125.705     Effect of vacancy in office of public guardian and conservator

 

125.710     Powers and duties of public guardian and conservator

 

125.715     Bond; exoneration of surety

 

125.720     Deposit of funds

 

125.725     Reimbursement of public guardian and conservator’s expenses from estate of ward or protected person

 

125.730     Fees prohibited

 

GENERAL PROVISIONS

 

      125.005 Definitions. As used in this chapter:

      (1) “Conservator” means a person appointed as a conservator under the provisions of this chapter.

      (2) “Fiduciary” means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter.

      (3) “Financially incapable” means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. “Manage financial resources” means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income.

      (4) “Guardian” means a person appointed as a guardian under the provisions of this chapter.

      (5) “Incapacitated” means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person’s physical health or safety. “Meeting the essential requirements for physical health and safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.

      (6) “Minor” means any person who has not attained 18 years of age.

      (7) “Protected person” means a person for whom a protective order has been entered.

      (8) “Protective order” means an order of a court appointing a fiduciary or any other order of the court entered for the purpose of protecting the person or estate of a respondent or protected person.

      (9) “Protective proceeding” means a proceeding under this chapter.

      (10) “Respondent” means a person for whom entry of a protective order is sought in a petition filed under ORS 125.055.

      (11) “Visitor” means a person appointed by the court under ORS 125.150 for the purpose of interviewing and evaluating a respondent or protected person. [1995 c.664 §1; 2007 c.70 §31]

 

      125.010 Protective proceedings. (1) Any person who is interested in the affairs or welfare of a respondent may file a petition for the appointment of a fiduciary or entry of other protective order.

      (2) A protective proceeding is commenced by the filing of a petition in a court with jurisdiction over protective proceedings.

      (3) The court may appoint any of the following fiduciaries in a protective proceeding:

      (a) A guardian, with the powers and duties specified in this chapter.

      (b) A conservator, with the powers and duties specified in this chapter.

      (c) A temporary fiduciary, with the powers and duties specified in this chapter.

      (d) Any other fiduciary necessary to implement a protective order under ORS 125.650.

      (4) In addition to appointing a fiduciary, 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.

      (5) The court may make a determination described in ORS 127.550 with regard to an advance directive in a protective proceeding in which a guardian or temporary guardian has been appointed for the principal, or in which the petition seeks the appointment of a guardian or a temporary guardian for the principal. [1995 c.664 §2; 2001 c.396 §1]

 

      125.015 Jurisdiction of protective proceedings; proceedings in other states. (1) The probate courts and commissioners provided for in ORS chapter 111 have exclusive jurisdiction of protective proceedings.

      (2) If an Oregon court exercising probate jurisdiction becomes aware that a protective proceeding has been commenced in another state, the Oregon court shall notify the court in the other state of the proceedings in this state. After consultation with the court of the other state, the Oregon court shall determine whether it is in the best interests of the respondent or protected person for the Oregon court to continue to exercise jurisdiction in the matter or whether it would be in the best interests of the respondent or protected person to terminate the Oregon proceedings and transfer the matter to the other court. [1995 c.664 §3]

 

      125.020 Venue for protective proceedings. (1) Except as provided in this section, a protective proceeding must be commenced in the county where the respondent resides or is present.

      (2) If the respondent resides in an institution by reason of an order of a court, the proceeding may be commenced in the county where that court sits.

      (3) If the respondent does not reside in this state and is not present in this state, a conservatorship proceeding may be commenced in any county where property of the respondent is located.

      (4) The court may transfer a protective proceeding at any time to another court if the transfer is in the best interests of the respondent or protected person. [1995 c.664 §4]

 

      125.025 Authority of the court in protective proceedings. (1) A court having jurisdiction over a protective proceeding shall exercise continuing authority over the proceeding. Subject to the provisions of this chapter, the court may act upon the petition or motion of any person or upon its own authority at any time and in any manner it deems appropriate to determine the condition and welfare of the respondent or protected person and to inquire into the proper performance of the duties of a fiduciary appointed under the provisions of this chapter.

      (2) A court having jurisdiction over a protective proceeding in which the respondent or protected person is a minor shall consider and apply all relevant provisions of the Indian Child Welfare Act codified at 25 U.S.C. sections 1901 et seq.

      (3) A court having jurisdiction over a protective proceeding may:

      (a) Compel the attendance of any person, including respondents, protected persons, fiduciaries and any other person who may have knowledge about the person or estate of a respondent or protected person. The court may require those persons to respond to inquiries and produce documents that are subject to discovery under ORCP 36.

      (b) Appoint counsel for a respondent or protected person.

      (c) Appoint investigators, visitors and experts to aid the court in the court’s investigation.

      (d) Exercise jurisdiction over any transaction entered into by a fiduciary to determine if a conflict of interest existed and enter an appropriate judgment with respect to the transaction.

      (e) Surcharge a surety for any loss caused by failure of a fiduciary to perform a fiduciary duty or any other duty imposed by this chapter, including a surcharge for attorney fees incurred by a respondent or protected person by reason of the failure.

      (f) Require immediate delivery of a protected person or property of the protected person, including records, accounts and documents relating to that property, to the court or to a place it designates.

      (g) Require the fiduciary to produce any and all records that might provide information about the treatment or condition of the protected person or property of the protected person.

      (h) Remove a fiduciary whenever that removal is in the best interests of the protected person.

      (i) Appoint a successor fiduciary when a fiduciary has died, resigned or been removed.

      (j) Require a respondent or protected person to submit to a physical or mental examination pursuant to ORCP 44.

      (k) Make provisions for parenting time or visitation or order support for any minor who is a respondent or protected person in a protective proceeding.

      (L) Impose any conditions and limitations upon the fiduciary that the court considers appropriate, including limitations on the duration of the appointment. Any conditions or limitations imposed on the fiduciary must be reflected in the letters of appointment.

      (4) When a person files a petition or motion for a support order under subsection (3)(k) of this section:

      (a) The person shall state in the petition or motion, to the extent known:

      (A) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor, including a proceeding brought under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and

      (B) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving the minor.

      (b) The person shall include with the petition or motion a certificate regarding any pending support proceeding and any existing support order. The person shall use a certificate that is in a form established by court rule and include information required by court rule and paragraph (a) of this subsection.

      (5) When the court acts upon its own authority to order support under subsection (3)(k) of this section, at least 21 days before the hearing the court shall notify the Administrator of the Division of Child Support of the Department of Justice, or the branch office providing support services to the county where the hearing will be held, of the hearing. Before the hearing the administrator shall inform the court, to the extent known:

      (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor, including a proceeding brought under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and

      (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving the minor.

      (6) The Judicial Department and the Department of Justice may enter into an agreement regarding how the courts give the notice required under subsection (5) of this section to the Department of Justice and how the Department of Justice gives the information described in subsection (5)(a) and (b) to the courts.

      (7) If the court finds that a conservator should be appointed, the court may exercise all the powers over the estate and affairs of the protected person that the protected person could exercise if present and not under disability, except the power to make a will. The court shall exercise those powers for the benefit of the protected person and members of the household of the protected person.

      (8) The powers of the court in protective proceedings may be exercised by the court directly or through a fiduciary. [1995 c.664 §5; 1997 c.707 §27; 2003 c.116 §11]

 

      125.030 Use of limited judgment in protective proceedings. (1) The appointment of a fiduciary in a protective proceeding shall be made by limited judgment.

      (2) The court in a protective proceeding may enter a limited judgment only for the following decisions of the court:

      (a) A decision on an objection to an accounting.

      (b) A decision on placement of a protected person.

      (c) A decision on the sale of the residence of a protected person.

      (d) Such decisions of the court as may be specified by rules or orders of the Chief Justice of the Supreme Court under ORS 18.028.

      (3) A court may enter a limited judgment under subsection (2) of this section only if the court determines that there is no just reason for delay. The judgment document need not reflect the court’s determination that there is no just reason for delay. [2005 c.568 §36]

 

PROCEDURE IN PROTECTIVE PROCEEDINGS

 

      125.050 Application of ORCP and Oregon Evidence Code. Except as otherwise provided by this chapter, the Oregon Rules of Civil Procedure and the Oregon Evidence Code apply in protective proceedings. [1995 c.664 §6]

 

      125.055 Petitions in protective proceedings. (1) A petition in a protective proceeding that seeks the appointment of a fiduciary must designate the type of fiduciary that the petitioner seeks to have appointed. If the petition does not request the appointment of a fiduciary, or if the petition requests both the appointment of a fiduciary and some other protective order, the petition must contain a statement of the nature of the protective order requested. The caption of the petition must reflect the type of fiduciary whose appointment is requested or, if the appointment of a fiduciary is not requested, the nature of the protective order requested. An original and duplicate copy of the petition must be filed with the court.

      (2) A petition in a protective proceeding must contain the following information to the extent that the petitioner is aware of the information or to the extent that the petitioner is able to acquire the information with reasonable effort:

      (a) The name, age, residence address and current location of the respondent.

      (b) The interest of the petitioner.

      (c) The name, age and address of the petitioner and any person nominated as fiduciary in the petition and the relationship of the nominated person to the respondent.

      (d) A statement as to whether the person nominated to be fiduciary has been convicted of a crime, has filed for or received protection under the bankruptcy laws or has had a license revoked or canceled that was required by the laws of any state for the practice of a profession or occupation. If the nominated person has been convicted of a crime, filed for or received protection under bankruptcy laws or had a professional or occupational license revoked or canceled, the petition shall contain a statement of the circumstances surrounding those events. If the person nominated is not the petitioner, the statement must indicate that the person nominated is willing and able to serve.

      (e) The name and address of any fiduciary that has been appointed for the respondent by a court of any state, any trustee for a trust established by or for the respondent, any person appointed as a health care representative under the provisions of ORS 127.505 to 127.660 and any person acting as attorney-in-fact for the respondent under a power of attorney.

      (f) The name and address of the respondent’s treating physician and any other person who is providing care to the respondent.

      (g) The factual information that supports the request for the appointment of a fiduciary or entry of other protective order, and the names and addresses of all persons who have information that would support a finding that an adult respondent is incapacitated or financially incapable.

      (h) A statement that indicates whether the nominated person intends to place the respondent in a mental health treatment facility, a nursing home or other residential facility.

      (i) A general description of the estate of the respondent and the respondent’s sources of income and the amount of that income.

      (j) A statement indicating whether the person nominated as fiduciary is a public or private agency or organization that provides services to the respondent or an employee of a public or private agency or organization that provides services to the respondent.

      (3) In addition to the requirements of subsection (2) of this section, if a petition seeks appointment of a guardian, the petition must contain a statement on whether the guardian will exercise any control over the estate of the respondent. If the guardian will exercise any control over the estate of the respondent, the petition must contain a statement of the monthly income of the respondent, the sources of the respondent’s income, and the amount of any moneys that the guardian will be holding for the respondent at the time of the appointment. If the petition seeks the appointment of a guardian for an adult respondent or of a temporary fiduciary who will exercise the powers of a guardian for an adult respondent, the petition must contain a statement notifying the court that a visitor must be appointed.

      (4) In addition to the requirements of subsection (2) of this section, if a petition seeks appointment of a conservator or a temporary fiduciary who will exercise the powers of a conservator or if a petition seeks a protective order relating to the estate of the respondent, the petition must contain the petitioner’s estimate of the value of the estate.

      (5) A petitioner may join parties in a petition in the manner provided by ORCP 28 for the joining of defendants.

      (6) The court shall review a petition seeking appointment of a guardian and shall dismiss the proceeding without prejudice, or require that the petition be amended, if the court determines that the petition does not meet the requirements of this section. [1995 c.664 §7; 1997 c.717 §4; 2003 c.227 §3]

 

      125.060 Who must be given notice. (1) The notices required by this section must be given to all persons whose identities and addresses can be ascertained in the exercise of reasonable diligence by the person required to give the notice.

      (2) Notice of the filing of a petition for the appointment of a fiduciary or entry of other protective order must be given by the petitioner to the following persons:

      (a) The respondent, if the respondent has attained 14 years of age.

      (b) The spouse, parents and adult children of the respondent.

      (c) If the respondent does not have a spouse, parent or adult child, the person or persons most closely related to the respondent.

      (d) Any person who is cohabiting with the respondent and who is interested in the affairs or welfare of the respondent.

      (e) Any person who has been nominated as fiduciary or appointed to act as fiduciary for the respondent by a court of any state, any trustee for a trust established by or for the respondent, any person appointed as a health care representative under the provisions of ORS 127.505 to 127.660 and any person acting as attorney-in-fact for the respondent under a power of attorney.

      (f) If the respondent is a minor, the person who has exercised principal responsibility for the care and custody of the respondent during the 60-day period before the filing of the petition.

      (g) If the respondent is a minor and has no living parents, any person nominated to act as fiduciary for the minor in a will or other written instrument prepared by a parent of the minor.

      (h) If the respondent is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, a representative of the United States Department of Veterans Affairs regional office that has responsibility for the payments to the protected person.

      (i) If the respondent is receiving moneys paid or payable for public assistance provided under ORS chapter 411 or 414 by the State of Oregon through the Department of Human Services, a representative of the department.

      (j) If the respondent is committed to the legal and physical custody of the Department of Corrections, the Attorney General and the superintendent or other officer in charge of the facility in which the respondent is confined.

      (k) If the respondent is a foreign national, the consulate for the respondent’s country.

      (L) Any other person that the court requires.

      (3) Notice of a motion for the termination of the protective proceedings, for removal of a fiduciary, for modification of the powers or authority of a fiduciary, for approval of a fiduciary’s actions or for protective orders in addition to those sought in the petition must be given by the person making the motion to the following persons:

      (a) The protected person, if the protected person has attained 14 years of age.

      (b) Any person who has filed a request for notice in the proceedings.

      (c) Except for a fiduciary who is making a motion, any fiduciary who has been appointed for the protected person.

      (d) If the protected person is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, a representative of the United States Department of Veterans Affairs regional office that has responsibility for the payments to the protected person.

      (e) If the protected person is committed to the legal and physical custody of the Department of Corrections, the Attorney General and the superintendent or other officer in charge of the facility in which the protected person is confined.

      (f) Any other person that the court requires.

      (4) A request for notice under subsection (3)(b) of this section must be in writing and include the name, address and phone number of the person requesting notice. A copy of the request must be mailed by the person making the request to the petitioner or to the fiduciary if a fiduciary has been appointed. The original request must be filed with the court. The person filing the request must pay the fee specified by ORS 21.310 (5).

      (5) A person who files a request for notice in the proceedings in the manner provided by subsection (4) of this section is entitled to receive notice from the fiduciary of any motion specified in subsection (3) of this section and of any other matter to which a person listed in subsection (2) of this section is entitled to receive notice under a specific provision of this chapter.

      (6) If the Department of Human Services is nominated as guardian for the purpose of consenting to the adoption of a minor, the notice provided for in this section must also be given to the minor’s brothers, sisters, aunts, uncles and grandparents.

      (7) In addition to the requirements of subsection (2) of this section, notice of the filing of a petition for the appointment of a guardian for a person who is alleged to be incapacitated must be given by the petitioner to the following persons:

      (a) Any attorney who is representing the respondent in any capacity.

      (b) If the respondent is a resident of a nursing home or residential facility, or if the person nominated to act as fiduciary intends to place the respondent in a nursing home or residential facility, the office of the Long Term Care Ombudsman.

      (c) If the respondent is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the person nominated to act as fiduciary intends to place the respondent in such a facility, the system described in ORS 192.517 (1).

      (8) In addition to the requirements of subsection (3) of this section, in a protective proceeding in which a guardian has been appointed, notice of the motions specified in subsection (3) of this section must be given by the person making the motion to the following persons:

      (a) Any attorney who represented the protected person at any time during the protective proceeding.

      (b) If the protected person is a resident of a nursing home or residential facility, or if the motion seeks authority to place the protected person in a nursing home or residential facility, the office of the Long Term Care Ombudsman.

      (c) If the protected person is a resident of a mental health treatment facility or a residential facility for individuals with developmental disabilities, or if the motion seeks authority to place the protected person in such a facility, the system described in ORS 192.517 (1).

      (9) A respondent or protected person may not waive the notice required under this section.

      (10) The requirement that notice be served on an attorney for a respondent or protected person under subsection (7)(a) or (8)(a) of this section does not impose any responsibility on the attorney receiving the notice to represent the respondent or protected person in the protective proceeding. [1995 c.664 §8; 1997 c.717 §5; 1999 c.122 §3; 1999 c.775 §2; 2001 c.900 §22; 2003 c.143 §3; 2005 c.22 §98; 2005 c.381 §22; 2005 c.498 §2]

 

      125.065 Manner of giving notice. (1) Notice of the filing of a petition must be personally served on any respondent who has attained 14 years of age. Notice of a petition must be personally served on the parents of a respondent if the petition is based on the fact that the respondent is a minor. The notice may not be served on the respondent by the visitor appointed by the court. The notice shall be written in language reasonably understandable by the respondent. The notice must be printed in type size equal to at least 12-point type.

      (2) Except as provided in subsection (1) of this section, the notices required under ORS 125.060 may be mailed to the last-known address of the person. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, notice of the filing of a petition may be given by publishing at least once a week for three consecutive weeks a copy of the notice in a newspaper having general circulation in the county where the hearing is to be held. The last publication of the notice must be at least 15 days before the final date for the filing of objections.

      (3) The date of personal service or mailing under this section must be at least 15 days before the final date for the filing of objections to the petition or motion. If the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act provided for in ORS 109.701 to 109.834, the date of service or mailing must be at least 21 days before the final date for the filing of objections to the petition or motion.

      (4) The court for good cause shown may provide for a different method or time of giving notice under this section.

      (5) Proof of the giving of notice must be filed in the proceeding before the court enters any order on a petition or motion. [1995 c.664 §9; 1999 c.649 §53]

 

      125.070 Contents of notice. (1) The notice required by ORS 125.060 must contain the following:

      (a) The name, address and telephone number of the petitioner or the person making the motion, and the relationship of the petitioner or person making the motion to the respondent.

      (b) A copy of the petition or motion.

      (c) A statement on where objections may be made or filed and the deadline for making or filing those objections.

      (d) If a hearing has been set, the date, time and place of the hearing.

      (2) In addition to the requirements of subsection (1) of this section, a notice of a petition for the appointment of a conservator for a respondent who is alleged to be financially incapable or a notice of a petition for the appointment of a guardian or conservator for a respondent who is a minor that is served on the respondent must contain the following:

      (a) An explanation of the purpose and possible consequences of the petition.

      (b) A statement that financial resources of the respondent may be used to pay court-approved expenditures of the proceeding.

      (c) Information regarding any free or low-cost legal services and other relevant services available in the area.

      (d) Information on any appointment of a visitor and the role of the visitor.

      (e) A statement of the rights of the respondent as follows:

      (A) The right to be represented by an attorney.

      (B) The right to file a written or oral objection.

      (C) The right to request a hearing.

      (D) The right to present evidence and cross-examine witnesses at any hearing.

      (E) The right to request at any time that the power of the fiduciary be limited by the court.

      (F) The right to request at any time the removal of the fiduciary or a modification of the protective order.

      (3) In addition to the requirements of subsection (1) of this section, a notice of a petition for the appointment of a guardian for a respondent who is alleged to be incapacitated must contain a notice, printed in 14-point type, in substantially the following form:

______________________________________________________________________________

 

NOTICE TO RESPONDENT

To: Respondent______________:

______________, Petitioner, who is your ______________ (relationship to respondent), or that is an agency or business that provides guardianship services, has asked a judge for the power to make decisions for you. The judge has been asked to give this person, agency or business the authority to make the following decisions for you (mark the appropriate spaces):

      __  Medical and health care decisions, including decisions on which doctors you will see and what medications and treatments you will receive.

      __  Residential decisions, including decisions on whether you can stay where you are currently living or be moved to another place.

      __  Financial decisions, including decisions on paying your bills and decisions about how your money is spent.

      __  Other decisions: ___________

      ______________________.

      YOUR MONEY MAY BE USED IF THE JUDGE APPOINTS A GUARDIAN FOR YOU. YOU MAY BE ASKED TO PAY FOR THE TIME AND EXPENSES OF THE GUARDIAN, THE TIME AND EXPENSES OF THE PETITIONER’S ATTORNEY, THE TIME AND EXPENSES OF YOUR ATTORNEY, FILING FEES AND OTHER COSTS.

      YOU MUST TELL SOMEONE AT THE COURTHOUSE BEFORE ___________ (DATE) IF YOU OPPOSE HAVING SOMEONE ELSE MAKE THESE DECISIONS FOR YOU.

 

      OBJECTIONS:

      You can write to the judge if you do not want someone else making decisions for you. The judge’s address is: _________.

      You have the right to object to the appointment of a guardian by saying you want to continue to make your own decisions. If you do not want another person, agency or business making decisions for you, you can object. If you do not want ________ (Proposed Guardian) to make these decisions for you, you can object. If you do not want your money to be used to pay for these expenses, you can object.

      You can object any time after the judge has appointed a guardian. You can ask the judge at any time to limit the kinds of decisions that the guardian makes for you so that you can make more decisions for yourself. You can also ask the judge at any time to end the guardianship.

 

      THE HEARING:

      The judge will hold a hearing if you do not want a guardian, do not want this particular person to act as your guardian or do not want your money used this way. At the hearing, the judge will listen to what you and others have to say about whether you need someone else to make decisions for you, who that person should be and whether your money should be spent on these things. You can have your witnesses tell the judge why you do not need a guardian and you can bring in records and other information about why you think that you do not need a guardian. You can ask your witnesses questions and other witnesses questions.

 

      THE COURT VISITOR:

      The judge will appoint someone to investigate whether you need a guardian to make decisions for you. This person is called a “visitor.” The visitor works for the judge and does not work for the person who filed the petition asking the judge to appoint a guardian for you, for you or for any other party. The visitor will come and talk to you about the guardianship process, about whether you think that you need a guardian and about who you would want to be your guardian if the judge decides that you need a guardian. The visitor will talk to other people who have information about whether you need a guardian. The visitor will make a report to the judge about whether what the petition says is true, whether the visitor thinks that you need a guardian, whether the person proposed as your guardian is able and willing to be your guardian, who would be the best guardian for you and what decisions the guardian should make for you. If there is a hearing about whether to appoint a guardian for you, the visitor will be in court to testify.

      You can tell the visitor if you don’t want someone else making decisions for you when the visitor comes to talk with you about this matter.

 

      LEGAL SERVICES:

      You can call a lawyer if you don’t want someone else making decisions for you. If you don’t have a lawyer, you can ask the judge whether a lawyer can be appointed for you.

      There may be free or low-cost legal services or other relevant services in your local area that may be helpful to you in the guardianship proceeding. For information about these services, you can call the following telephone numbers ___________ and