71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2363
LC 574/HB 2363-2
HOUSE AMENDMENTS TO
HOUSE BILL 2363
By COMMITTEE ON JUDICIARY
April 5
On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions; and'.
Delete lines 4 through 31 and delete pages 2 and 3 and insert:
' { + SECTION 1. + } ORS 125.070 is amended to read:
' 125.070. (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 { - a - } { + the + } respondent { - who is a
minor - } 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 { - court - }
{ + 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 { - , the judge
will hold a hearing - } . 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. + }
{ - YOU MUST TELL SOMEONE BEFORE _________ (DATE) IF YOU
OPPOSE HAVING SOMEONE ELSE MAKE THESE DECISIONS FOR YOU. - }
{ + 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.
{ - You can write to the judge if you don't want someone else
making decisions for you. The judge's address is: _______
- } _________________ .
{ + 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 { - an attorney - } { + a lawyer + } can be
appointed for you { - or you can call this number _______ and
ask to talk to a lawyer about this - } .
{ + 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 ask to talk to people who can help you find legal services or
other types of services. + }
{ + OBJECTION FORM: + }
You can mark the blue sheet (Respondent's Objection) that is
attached to this form if you do not want someone else to make
your decisions for you. You can give the blue sheet to the
visitor when the visitor comes to talk with you about this, you
can show it to your attorney or you can mail it to the judge.
' _______________________________________________________________
' (4) In addition to the requirements of subsection (1) of this
section, a notice of a petition that is served on a respondent
who is alleged to be incapacitated must contain an objection
form, printed on blue paper in 14-point type, in substantially
the following form:
' _______________________________________________________________
IN THE _____
COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF _____
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
) Case No. ___
(Case Title) )
) RESPONDENT'S
)OBJECTION
)
)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I object to the petition for the following reasons:
_ I do not want anyone else making any of my decisions for me.
_ I do not want _______ making any decisions for me.
_ I do not want _______ to make the following decisions for
me:
______________
______________
______________
(Signature of Respondent)
______________
(Date)
GIVE TO THE VISITOR OR MAIL TO:
______________
' _______________________________________________________________
' (5) In addition to the requirements of subsection (1) of this
section, a notice of a petition provided to a person other than
the respondent must contain a statement as follows:
' _______________________________________________________________
NOTICE: If you wish to receive copies of future filings in this
case, you must inform the { - court - } { + judge + } and the
person named as petitioner in this notice. You must inform the
{ - court - } { + judge + } by filing a request for notice and
paying any applicable fee. The request for notice must be in
writing, must clearly indicate that you wish to receive future
filings in the proceedings and must contain your name, address
and phone number. You must notify the person named as petitioner
by mailing a copy of the request to the petitioner. Unless you
take these steps, you will receive no further copies of the
filings in the case.
' _______________________________________________________________
' { + SECTION 2. + } { + The amendments to ORS 125.070 by
section 1 of this 2001 Act apply only to petitions and motions in
protective proceedings filed on or after the effective date of
this 2001 Act. + } ' .
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