71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 574
House Bill 2363
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for the Elder Law section of the Oregon State Bar)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies notice requirements in protective proceedings for
respondents alleged to be incapacitated.
A BILL FOR AN ACT
Relating to notice in protective proceedings; amending ORS
125.070.
Be It Enacted by the People of the State of Oregon:
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 that is served on a 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 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 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. 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 MUST TELL SOMEONE BEFORE _________ (DATE) IF YOU OPPOSE
HAVING SOMEONE ELSE MAKE THESE DECISIONS FOR YOU.
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: _______
_________________ .
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 can be appointed for you or you can
call this number _______ and ask to talk to a lawyer about this.
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 and the person named as
petitioner in this notice. You must inform the court 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. + }
----------