Oregon Statutes 125.687 – Limitations of court on appointment of Oregon Public Guardian and Conservator; bond; fees and compensation
(1) A court may not appoint the Oregon Public Guardian and Conservator as a fiduciary for a person unless the Oregon Public Guardian and Conservator has petitioned for or consented to the appointment. If appointed as a fiduciary by the court, the Oregon Public Guardian and Conservator, and any deputy public guardian and conservator designated to act on behalf of the Oregon Public Guardian and Conservator, shall serve as provided in this chapter and ORS § 127.005 and 127.015, except as expressly stated otherwise in ORS § 125.675 to 125.691 or by order of the court.
Terms Used In Oregon Statutes 125.687
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed as a guardian 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
(2) The Oregon Public Guardian and Conservator shall file an official bond in an amount determined in consultation with the Oregon Department of Administrative Services. The bond shall inure to the joint benefit of the several public guardianship and conservatorship estates in which the Oregon Public Guardian and Conservator is providing services, but a bond is not required to be filed in individual estates.
(3) The court may not charge the Oregon Public Guardian and Conservator a fee for the filing of a petition or any other pleading under this chapter when the filing is made in connection with the provision of public guardian and conservator services under ORS § 125.675 to 125.691.
(4)(a) The court shall order the client or the client’s estate to pay for reasonable expenses incurred, including compensation for services rendered, in the provision of public guardian and conservator services to the client, including but not limited to court costs and attorney fees.
(b) If a client is indigent, the Oregon Public Guardian and Conservator shall have a claim against the client or the client’s estate for the portion of any payment ordered under paragraph (a) of this subsection that remains unpaid.
(5) The court may not order the Oregon Public Guardian and Conservator, a deputy public guardian and conservator or the office of the Long Term Care Ombudsman to pay court costs or attorney fees in a proceeding brought on behalf of a client under ORS § 125.675 to 125.691. [2014 c.117 § 7; 2017 c.310 § 4]