72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to RC to A-Eng. HB 3338
 
LC 2288/HB 3338-A4
 
            SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
                   A-ENGROSSED HOUSE BILL 3338
 
                    By COMMITTEE ON JUDICIARY
 
                             June 25
 
  On page 2 of the printed A-engrossed bill, delete lines 43
through 45 and delete page 3 and insert:
  '  { +  SECTION 3. + } ORS 125.150, as amended by section 1,
chapter 89, Oregon Laws 2003 (Enrolled House Bill 2309), is
amended to read:
  ' 125.150. (1) The court shall appoint a visitor upon the
filing of a petition in a protective proceeding that seeks the
appointment of a guardian for an adult respondent or temporary
fiduciary who will exercise the powers of a guardian for an adult
respondent. The court may appoint a visitor in any other
protective proceeding  { + or in a proceeding under ORS
109.329 + }.
  ' (2) A visitor may be an officer, employee or special
appointee of the court. The person appointed may not have any
personal interest in the proceedings. The person appointed must
have training or expertise adequate to allow the person to
appropriately evaluate the functional capacity and needs of a
respondent or protected person { + , or each petitioner and the
person to be adopted under ORS 109.329 + }. The court shall
provide a copy of the petition and other filings in the
proceedings that may be of assistance to the visitor.
  ' (3) A visitor appointed by the court under this section shall
interview a person nominated or appointed as fiduciary and the
respondent or protected person { + , or each petitioner and the
person to be adopted under ORS 109.329, personally  + }at the
place where the respondent or protected person { + , or each
petitioner or the person to be adopted under ORS 109.329, + } is
located.
  ' (4) Subject to any law relating to confidentiality, the
visitor may interview any physician or psychologist who has
examined the respondent or protected person { + , or each
petitioner under ORS 109.329 + }, the person or officer of the
institution having the care, custody or control of the respondent
or protected person { + , or each petitioner under ORS
109.329, + } and any other person who may have relevant
information.
  ' (5) If requested by a visitor under subsection (4) of this
section, a physician or psychologist who has examined the
respondent or protected person { + , or each petitioner under ORS
109.329, + } may, with patient authorization or in response to a
court order in accordance with ORCP 44 or a subpoena under ORCP
55, provide any relevant information the physician or
psychologist has regarding the respondent or protected
person { + , or each petitioner under ORS 109.329 + }.
  '  { +  (6) A visitor shall determine whether it appears that
the respondent or protected person, or each petitioner or the
person to be adopted under ORS 109.329, is able to attend the
hearing and, if able to attend, whether the respondent or
protected person, or each petitioner or the person to be adopted
under ORS 109.329, is willing to attend the hearing.
  ' (7) If a petition is filed seeking the appointment of a
guardian for an adult respondent, a visitor shall investigate the
following matters:
  ' (a) The inability of the respondent to provide for the needs
of the respondent with respect to physical health, food, clothing
and shelter;
  ' (b) The location of the respondent's residence and the
ability of the respondent to live in the residence while under
guardianship;
  ' (c) Alternatives to guardianship considered by the petitioner
and reasons why those alternatives are not available;
  ' (d) Health or social services provided to the respondent
during the year preceding the filing of the petition, when the
petitioner has information as to those services;
  ' (e) The inability of the respondent to resist fraud or undue
influence; and
  ' (f) Whether the respondent's inability to provide for the
needs of the respondent is an isolated incident of negligence or
improvidence, or whether a pattern exists.
  ' (8) If a petition is filed seeking the appointment of a
fiduciary, a visitor shall determine whether the respondent
objects to:
  ' (a) The appointment of a fiduciary; and
  ' (b) The nominated fiduciary or prefers another person to act
as fiduciary.
  ' (9) If a petition is filed seeking the appointment of a
conservator in addition to the appointment of a guardian, a
visitor shall investigate whether the respondent is financially
incapable. The visitor shall interview the person nominated to
act as conservator and shall interview the respondent personally
at the place where the respondent is located.
  ' (10) A visitor shall determine whether the respondent or
protected person, or each petitioner or the person to be adopted
under ORS 109.329, wishes to be represented by counsel and, if
so, whether the respondent or protected person, or each
petitioner or the person to be adopted under ORS 109.329, has
retained counsel and, if not, the name of an attorney the
respondent or protected person, or each petitioner or the person
to be adopted under ORS 109.329, wishes to retain.
  ' (11) If the respondent or protected person, or each
petitioner or the person to be adopted under ORS 109.329, has not
retained counsel, a visitor shall determine whether the
respondent or protected person, or each petitioner or the person
to be adopted under ORS 109.329, desires the court to appoint
counsel.
  ' (12) If the respondent or protected person, or each
petitioner or the person to be adopted under ORS 109.329, does
not plan to retain counsel and has not requested the appointment
of counsel by the court, a visitor shall determine whether the
appointment of counsel would help to resolve the matter and
whether appointment of counsel is necessary to protect the
interests of the respondent or protected person, or each
petitioner or the person to be adopted under ORS 109.329. + }
  '  { +  SECTION 4. + } ORS 125.150, as amended by section 5,
chapter 227, Oregon Laws 2003 (Enrolled Senate Bill 32), is
amended to read:
  ' 125.150. (1) The court shall appoint a visitor upon the
filing of a petition in a protective proceeding that seeks the
appointment of a guardian for an adult respondent or temporary
fiduciary who will exercise the powers of a guardian for an adult
respondent. The court may appoint a visitor in any other
protective proceeding  { + or in a proceeding under ORS
109.329 + }.
  ' (2) A visitor may be an officer, employee or special
appointee of the court. The person appointed may not have any
personal interest in the proceedings. The person appointed must
have training or expertise adequate to allow the person to
appropriately evaluate the functional capacity and needs of a
respondent or protected person { + , or each petitioner and the
person to be adopted under ORS 109.329 + }. The court shall
provide a copy of the petition and other filings in the
proceedings that may be of assistance to the visitor.
  ' (3) A visitor appointed by the court under this section shall
interview a person nominated or appointed as fiduciary and the
respondent or protected person { + , or each petitioner and the
person to be adopted under ORS 109.329, + } personally at the
place where the respondent or protected person { + , or each
petitioner or the person to be adopted under ORS 109.329, + } is
located.
  '  { +  (4) + } Subject to any law relating to confidentiality,
the visitor may interview any physician or psychologist who has
examined the respondent or protected person { + , or each
petitioner under ORS 109.329 + }, the person or officer of the
institution having the care, custody or control of the respondent
or protected person { + , or each petitioner under ORS
109.329, + } and any other person who may have relevant
information.
  '  { +  (5) If requested by a visitor under subsection (4) of
this section, a physician or psychologist who has examined the
respondent or protected person, or each petitioner under ORS
109.329, may, with patient authorization or in response to a
court order in accordance with ORCP 44 or a subpoena under ORCP
55, provide any relevant information the physician or
psychologist has regarding the respondent or protected person, or
each petitioner under ORS 109.329. + }
  '  { - (4) - }   { + (6) + } A visitor shall determine whether
it appears that the respondent or protected person { + , or each
petitioner or the person to be adopted under ORS 109.329, + } is
able to attend the hearing and, if able to attend, whether the
respondent or protected person { + , or each petitioner or the
person to be adopted under ORS 109.329, + } is willing to attend
the hearing.
  '  { - (5) - }   { + (7) + } If a petition is filed seeking the
appointment of a guardian for an adult respondent, a visitor
shall investigate the following matters:
  ' (a) The inability of the respondent to provide for the needs
of the respondent with respect to physical health, food, clothing
and shelter;
  ' (b) The location of the respondent's residence and the
ability of the respondent to live in the residence while under
guardianship;
  ' (c) Alternatives to guardianship considered by the petitioner
and reasons why those alternatives are not available;
  ' (d) Health or social services provided to the respondent
during the year preceding the filing of the petition, when the
petitioner has information as to those services;
  ' (e) The inability of the respondent to resist fraud or undue
influence; and
  ' (f) Whether the respondent's inability to provide for the
needs of the respondent is an isolated incident of negligence or
improvidence, or whether a pattern exists.
  '  { - (6) - }   { + (8) + } If a petition is filed seeking the
appointment of a fiduciary, a visitor shall determine whether the
respondent objects to:
  ' (a) The appointment of a fiduciary; and
  ' (b) The nominated fiduciary or prefers another person to act
as fiduciary.
  '  { - (7) - }   { + (9) + } If a petition is filed seeking the
appointment of a conservator in addition to the appointment of a
guardian, a visitor shall investigate whether the respondent is
financially incapable. The visitor shall interview the person
nominated to act as conservator and shall interview the
respondent personally at the place where the respondent is
located.
  '  { - (8) - }   { + (10) + } A visitor shall determine whether
the respondent or protected person { + , or each petitioner or
the person to be adopted under ORS 109.329, + } wishes to be
represented by counsel and, if so, whether the respondent or
protected person { + , or each petitioner or the person to be
adopted under ORS 109.329, + } has retained counsel and, if not,
the name of an attorney the respondent or protected person { + ,
or each petitioner or the person to be adopted under ORS
109.329, + } wishes to retain.
  '  { - (9) - }   { + (11) + } If the respondent or protected
person { + , or each petitioner or the person to be adopted under
ORS 109.329, + } has not retained counsel, a visitor shall
determine whether the respondent or protected person { + , or
each petitioner or the person to be adopted under ORS
109.329, + } desires the court to appoint counsel.
  '  { - (10) - }   { + (12) + } If the respondent or protected
person { + , or each petitioner or the person to be adopted under
ORS 109.329, + } does not plan to retain counsel and has not
requested the appointment of counsel by the court, a visitor
shall determine whether the appointment of counsel would help to
resolve the matter and whether appointment of counsel is
necessary to protect the interests of the respondent or protected
person { + , or each petitioner or the person to be adopted under
ORS 109.329 + }.
  '  { +  SECTION 5. + }  { + The amendments to ORS 109.324,
109.329 and 125.150 by sections 1 to 4 of this 2003 Act apply to
petitions for adoption filed on or after the effective date of
this 2003 Act. + } ' .
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