2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 125 - Protective Proceedings
Section 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if the respondent or protected person makes or files an objection to the petition or motion and the objection is not withdrawn before the time scheduled for the hearing.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 public defense services executive director 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]
Note: Section 4, chapter 400, Oregon Laws 2021, provides:
Sec. 4. The amendments to ORS 125.080 by section 1 of this 2021 Act apply only to:
(1) Hearings taking place in Multnomah County and Lane County on or after January 2, 2022;
(2) Hearings taking place in Columbia County on or after January 2, 2023; and
(3) Hearings taking place in any other county on or after January 2, 2024. [2021 c.400 §4]
Note: The text of 125.080 that applies to hearings taking place in counties until the respective dates provided in section 4, chapter 400, Oregon Laws 2021, including amendments by section 6, chapter 399, Oregon Laws 2021, is set forth for the user’s convenience.
(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 an objection is filed 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) If the court requires that a hearing be held on a petition, or a hearing is otherwise required under this section, the court may appoint counsel for the respondent unless the respondent is already represented by counsel.
