Oregon Statutes 125.215 – Acceptance of appointment as fiduciary; notice of proceedings to fiduciary
(1) If the person filing a petition in a protective proceeding is also nominated in the petition as fiduciary for the respondent, the signature of the petitioner on the petition acts as acceptance of appointment upon entry of an order appointing the petitioner as fiduciary. If the person nominated as a fiduciary is not the petitioner, the person nominated must file an acceptance of the appointment before the entry of the order appointing the fiduciary.
Terms Used In Oregon Statutes 125.215
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- 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
(2) A fiduciary must promptly file with the court any change in the name, residence or post-office address of the fiduciary.
(3) Subject to ORS § 125.800 to 125.852 for adults as defined in ORS § 125.802, the court has personal jurisdiction over any person who accepts appointment as a fiduciary for the purpose of any matter relating to the protective proceeding, whether the person is a resident or nonresident of this state.
(4) Notice of an objection, motion or other matter in a protective proceeding may be personally served on the fiduciary or mailed to the fiduciary or the fiduciary’s attorney by ordinary mail at the address listed in the court records and to any address for the fiduciary or the fiduciary’s attorney known to the person giving notice. [1995 c.664 § 22; 2009 c.179 § 25]
[1995 c.664 § 23; repealed by 1999 c.774 § 1 (125.221 enacted in lieu of 125.220)]