(1) Funds of a person subject to a protective proceeding may be used to pay reasonable fees, costs and disbursements to any visitor, attorney, physician, fiduciary or temporary fiduciary for services related to the protective proceeding or for services provided on behalf of a fiduciary, respondent, petitioner, cross-petitioner, objector or protected person.

Terms Used In Oregon Statutes 125.095

  • Conservator: means a person appointed as a conservator under the provisions of this chapter. See Oregon Statutes 125.005
  • Fiduciary: A trustee, executor, or administrator.
  • 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. See Oregon Statutes 125.005
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Protected person: means a person for whom a protective order has been entered. See Oregon Statutes 125.005
  • Protective proceeding: means a proceeding under this chapter. See Oregon Statutes 125.005
  • Respondent: means a person for whom entry of a protective order is sought in a petition filed under ORS § 125. See Oregon Statutes 125.005
  • Visitor: means a person appointed by the court under ORS § 125. See Oregon Statutes 125.005

(2) Prior court approval is required before the payment of fees from the funds of a person subject to a protective proceeding when the payment is to:

(a) A physician if the fees are incurred for services relating to proceedings arising out of the filing of an objection to a petition, cross-petition or motion.

(b) An appointed fiduciary, except that prior court approval is not required before payment of fees to a conservator if the conservator is a trust company that has complied with ORS § 709.030, or if the conservator is the Department of Veterans’ Affairs.

(c) Any attorney who has provided services relating to a protective proceeding, including services provided in preparation or anticipation of the filing of a petition in a protective proceeding.

(3) Subject to ORS § 125.495 to 125.520, prior court approval is not required before:

(a) Payment of attorney fees incurred prior to the filing of a petition in a protective proceeding for services unrelated to the protective proceeding; or

(b) Payment for services provided by an attorney who is hired as a mediator for mediation services related to a protective proceeding.

(4) A pleading that alleges a basis for payment of attorney fees is not required before payment of attorney fees is approved or made under this section.

(5) ORCP 68 does not apply to requests for approval and payment of attorney fees made under this chapter. [1995 c.664 § 15; 1997 c.631 § 409; 2005 c.625 § 65; 2013 c.99 § 1]

 

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