75th OREGON LEGISLATIVE ASSEMBLY--2009 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 578
 
                           A-Engrossed
 
                         Senate Bill 238
                 Ordered by the Senate March 20
           Including Senate Amendments dated March 20
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon State Bar Estate Planning Section)
 
 
                             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.
 
  Enacts Uniform Adult Guardianship and Protective Proceedings
Jurisdiction Act.
 
                        A BILL FOR AN ACT
Relating to protective proceedings; creating new provisions; and
  amending ORS 125.015, 125.025 and 125.215.
Be It Enacted by the People of the State of Oregon:
 
                               { +
ARTICLE 1 + }
                               { +
GENERAL PROVISIONS + }
 
  SECTION 1.  { +  Short title. Sections 1 to 22 of this 2009 Act
may be cited as the Uniform Adult Guardianship and Protective
Proceedings Jurisdiction Act. + }
  SECTION 2.  { + Definitions. As used in sections 1 to 22 of
this 2009 Act:
  (1) 'Adult' means an individual who has attained 18 years of
age.
  (2) 'Conservator' means a person appointed by the court to
administer the property of an adult, including a person appointed
under ORS chapter 125.
  (3) 'Conservatorship order' means an order appointing a
conservator or other order related to management of an adult's
property.
  (4) 'Conservatorship proceeding' means a judicial proceeding in
which a conservatorship order is sought or has been issued.
  (5) 'Guardian' means a person appointed by the court to make
decisions regarding the person of an adult, including a person
appointed under ORS chapter 125.
  (6) 'Guardianship order' means an order appointing a guardian.
 
 
  (7) 'Guardianship proceeding' means a judicial proceeding in
which an order for the appointment of a guardian is sought or has
been issued.
  (8) 'Incapacitated person' means an adult for whom a guardian
has been appointed.
  (9) 'Party' means the respondent, petitioner, guardian,
conservator or any other person allowed by the court to
participate in a guardianship or conservatorship proceeding.
  (10)(a) 'Person' means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency or instrumentality or any other
legal or commercial entity.
  (b) 'Person' as defined in paragraph (a) of this subsection
does not apply in the terms 'incapacitated person' or ' protected
person.  '
  (11) 'Protected person' means an adult for whom a
conservatorship order has been issued.
  (12) 'Record' means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
  (13) 'Respondent' means an adult for whom a conservatorship
order or the appointment of a guardian is sought.
  (14) 'State' means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands, a
federally recognized Indian tribe or any territory or insular
possession subject to the jurisdiction of the United States. + }
  SECTION 3.  { + International application. A court of this
state may treat a foreign country as if it were a state for the
purpose of applying sections 1 to 17, 21 and 22 of this 2009
Act. + }
  SECTION 4.  { + Communication between courts.
  (1) A court of this state may communicate with a court in
another state concerning a proceeding arising under sections 1 to
22 of this 2009 Act. The court may allow the parties to
participate in the communication. Except as provided in
subsection (2) of this section, the court shall make a record of
the communication. The record may be limited to the fact that the
communication occurred.
  (2) Courts may communicate concerning schedules, calendars,
court records and other administrative matters without making a
record. + }
  SECTION 5.  { +  Cooperation between courts.
  (1) In a guardianship or conservatorship proceeding in this
state, a court of this state may request the appropriate court of
another state to do any of the following:
  (a) Hold an evidentiary hearing;
  (b) Order a person in that state to produce evidence or give
testimony pursuant to procedures of that state;
  (c) Order that an evaluation or assessment be made of the
respondent;
  (d) Order any appropriate investigation of a person involved in
a proceeding;
  (e) Forward to the court of this state a certified copy of the
transcript or other record of a hearing under paragraph (a) of
this subsection or any other proceeding, any evidence otherwise
produced under paragraph (b) of this subsection and any
evaluation or assessment prepared in compliance with an order
under paragraph (c) or (d) of this subsection;
  (f) Issue any order necessary to assure the appearance in the
proceeding of a person whose presence is necessary for the court
to make a determination, including the respondent or the
incapacitated or protected person; or
  (g) Issue an order authorizing the release of medical,
financial, criminal or other relevant information in that state,
 
including protected health information as defined in 45
C.F.R. 164.504.
  (2) If a court of another state in which a guardianship or
conservatorship proceeding is pending requests assistance of the
kind provided in subsection (1) of this section, a court of this
state has jurisdiction for the limited purpose of granting the
request or making reasonable efforts to comply with the
request. + }
  SECTION 6.  { +  Taking testimony in another state.
  (1) In a guardianship or conservatorship proceeding, in
addition to other procedures that may be available, testimony of
a witness who is located in another state may be offered by
deposition or other means allowable in this state for testimony
taken in another state. The court on its own motion may order
that the testimony of a witness be taken in another state and may
prescribe the manner in which and the terms upon which the
testimony is to be taken.
  (2) In a guardianship or conservatorship proceeding, a court in
this state may permit a witness located in another state to be
deposed or to testify by telephone or audiovisual or other
electronic means. A court of this state shall cooperate with the
court of the other state in designating an appropriate location
for the deposition or testimony. + }
 
                               { +
ARTICLE 2 + }
                               { +
JURISDICTION + }
 
  SECTION 7.  { +  Definitions; significant-connection factors.
  (1) As used in sections 7 to 15 of this 2009 Act:
  (a) 'Emergency' means a circumstance described in ORS 125.600
(1), and for which the appointment of a guardian is necessary
because no other person has authority and is willing to act on
the respondent's behalf.
  (b) 'Home state' means the state in which the respondent was
physically present, including any period of temporary absence,
for at least six consecutive months immediately before the filing
of a petition for a conservatorship order or the appointment of a
guardian, or if none, the state in which the respondent was
physically present, including any period of temporary absence,
for at least six consecutive months ending within the six months
prior to the filing of the petition.
  (c) 'Significant-connection state' means a state, other than
the home state, with which a respondent has a significant
connection other than mere physical presence and in which
substantial evidence concerning the respondent is available.
  (2) In determining under sections 9 and 16 (5) of this 2009 Act
whether a respondent has a significant connection with a
particular state, the court shall consider:
  (a) The location of the respondent's family and other persons
required to be notified of the guardianship or conservatorship
proceeding;
  (b) The length of time the respondent at any time was
physically present in the state and the duration of any absence;
  (c) The location of the respondent's property; and
  (d) The extent to which the respondent has ties to the state
such as voting registration, state or local tax return filing,
vehicle registration, driver license, social relationship and
receipt of services. + }
  SECTION 8.  { +  Exclusive basis. Sections 7 to 15 of this 2009
Act provide the exclusive jurisdictional basis for a court of
this state to appoint a guardian or issue a conservatorship order
for an adult under sections 1 to 22 of this 2009 Act. + }
 
 
  SECTION 9.  { + Jurisdiction. A court of this state has
jurisdiction to appoint a guardian or issue a conservatorship
order for a respondent if:
  (1) This state is the respondent's home state;
  (2) On the date the petition is filed, this state is a
significant-connection state and:
  (a) The respondent does not have a home state or a court of the
respondent's home state has declined to exercise jurisdiction
because this state is a more appropriate forum; or
  (b) The respondent has a home state, a petition for an
appointment or order is not pending in a court of that state or
another significant-connection state and, before the court makes
the appointment or issues the order:
  (A) A petition for an appointment or order is not filed in the
respondent's home state;
  (B) An objection to the court's jurisdiction is not filed by a
person required to be notified of the proceeding; and
  (C) The court in this state concludes that it is an appropriate
forum under the factors set forth in section 12 of this 2009 Act;
  (3) This state does not have jurisdiction under either
subsection (1) or (2) of this section, the respondent's home
state and all significant-connection states have declined to
exercise jurisdiction because this state is the more appropriate
forum and jurisdiction in this state is consistent with the
Oregon and United States Constitutions; or
  (4) The requirements for special jurisdiction under section 10
of this 2009 Act are met. + }
  SECTION 10.  { +  Special jurisdiction.
  (1) A court of this state lacking jurisdiction under section 9
of this 2009 Act has special jurisdiction to do any of the
following:
  (a) Appoint a guardian in an emergency as provided for the
appointment of a temporary fiduciary under ORS 125.600 for a
respondent who is physically present in this state;
  (b) Issue a conservatorship order with respect to real or
tangible personal property located in this state; or
  (c) Appoint a guardian or conservator for an incapacitated or
protected person for whom a provisional order to transfer the
proceeding from another state has been issued under procedures
similar to section 16 of this 2009 Act.
  (2) If a petition was filed for the appointment of a temporary
fiduciary under ORS 125.600 and this state was not the
respondent's home state on the date the petition was filed, the
court shall dismiss the proceeding at the request of the court of
the home state, if any, whether the dismissal is requested before
or after the emergency appointment. + }
  SECTION 11.  { +  Exclusive and continuing jurisdiction. Except
as provided in section 10 of this 2009 Act, a court that has
appointed a guardian or issued a conservatorship order consistent
with sections 1 to 22 of this 2009 Act has exclusive and
continuing jurisdiction over the proceeding until the proceeding
is terminated by the court or the appointment or order expires by
its own terms. + }
  SECTION 12.  { +  Appropriate forum.
  (1) A court of this state having jurisdiction under section 9
of this 2009 Act to appoint a guardian or issue a conservatorship
order may decline to exercise its jurisdiction if it determines
at any time that a court of another state is a more appropriate
forum.
  (2) If a court of this state declines to exercise its
jurisdiction under subsection (1) of this section, the court
shall either dismiss or stay the proceeding. The court may impose
any condition the court considers just and proper, including the
condition that a petition for the appointment of a guardian or
issuance of a conservatorship order be filed promptly in another
state.
  (3) In determining whether it is an appropriate forum, the
court shall consider all relevant factors, including:
  (a) Any expressed preference of the respondent;
  (b) Whether abuse, neglect or exploitation of the respondent
has occurred or is likely to occur and which state could best
protect the respondent from the abuse, neglect or exploitation;
  (c) The length of time the respondent was physically present in
or was a legal resident of this or another state;
  (d) The distance of the respondent from the court in each
state;
  (e) The financial circumstances of the respondent's estate;
  (f) The nature and location of the evidence;
  (g) The ability of the court in each state to decide the issue
expeditiously and the procedures necessary to present evidence;
  (h) The familiarity of the court of each state with the facts
and issues in the proceeding; and
  (i) If an appointment were made, the court's ability to monitor
the conduct of the guardian or conservator. + }
  SECTION 13.  { +  Jurisdiction declined by reason of conduct.
  (1) If at any time a court of this state determines that it
acquired jurisdiction to appoint a guardian or issue a
conservatorship order because of unjustifiable conduct, the court
may:
  (a) Decline to exercise jurisdiction;
  (b) Exercise jurisdiction for the limited purpose of fashioning
an appropriate remedy to ensure the health, safety and welfare of
the respondent or the protection of the respondent's property or
prevent a repetition of the unjustifiable conduct, including
staying the proceeding until a petition for the appointment of a
guardian or issuance of a conservatorship order is filed in a
court of another state having jurisdiction; or
  (c) Continue to exercise jurisdiction after considering:
  (A) The extent to which the respondent and all persons required
to be notified of the proceedings have acquiesced in the exercise
of the court's jurisdiction;
  (B) Whether the court is a more appropriate forum than the
court of any other state under the factors set forth in section
12 (3) of this 2009 Act; and
  (C) Whether the court of any other state would have
jurisdiction under factual circumstances in substantial
conformity with the jurisdictional standards of section 9 of this
2009 Act.
  (2) If a court of this state determines that it acquired
jurisdiction to appoint a guardian or issue a conservatorship
order because a party seeking to invoke its jurisdiction engaged
in unjustifiable conduct, it may assess against that party
necessary and reasonable expenses, including attorney fees,
investigative fees, court costs, communication expenses, witness
fees and expenses and travel expenses. The court may not assess
fees, costs or expenses of any kind against this state or a
governmental subdivision, agency or instrumentality of this state
unless authorized by law other than sections 1 to 22 of this 2009
Act. + }
  SECTION 14.  { +  Notice of proceeding. If a petition for the
appointment of a guardian or issuance of a conservatorship order
is brought in this state and this state was not the respondent's
home state on the date the petition was filed, in addition to
complying with the notice requirements of this state, notice of
the petition must be given to those persons who would be entitled
to notice of the petition if a proceeding were brought in the
respondent's home state. The notice must be given in the same
manner as notice is required to be given in this state. + }
  SECTION 15.  { + Proceedings in more than one state. Except for
a petition for the appointment of a temporary fiduciary under ORS
125.600 or issuance of a conservatorship order limited to
property located in this state under section 10 (1)(a) or (b) of
this 2009 Act, if a petition for the appointment of a guardian or
issuance of a conservatorship order is filed in this state and in
another state and neither petition has been dismissed or
withdrawn, the following rules apply:
  (1) If the court in this state has jurisdiction under section 9
of this 2009 Act, it may proceed with the case unless a court in
another state acquires jurisdiction under provisions similar to
section 9 of this 2009 Act before the appointment or issuance of
the order.
  (2) If the court in this state does not have jurisdiction under
section 9 of this 2009 Act, whether at the time the petition is
filed or at any time before the appointment or issuance of the
order, the court shall stay the proceeding and communicate with
the court in the other state. If the court in the other state has
jurisdiction, the court in this state shall dismiss the petition
unless the court in the other state determines that the court in
this state is a more appropriate forum. + }
 
                               { +
ARTICLE 3 + }
                               { +
TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP + }
 
  SECTION 16.  { +  Transfer of guardianship or conservatorship
to another state.
  (1) A guardian or conservator appointed in this state may
petition the court to transfer the guardianship or
conservatorship to another state.
  (2) Notice of a petition under subsection (1) of this section
must be given to the persons that would be entitled to notice of
a petition in this state for the appointment of a guardian or
conservator.
  (3) On the court's own motion or on request of the guardian or
conservator, the incapacitated or protected person, or other
person required to be notified of the petition, the court shall
hold a hearing on a petition filed pursuant to subsection (1) of
this section.
  (4) The court shall issue an order provisionally granting a
petition to transfer a guardianship and shall direct the guardian
to petition for guardianship in the other state if the court is
satisfied that the guardianship will be accepted by the court in
the other state and the court finds that:
  (a) The incapacitated person is physically present in or is
reasonably expected to move permanently to the other state;
  (b) An objection to the transfer has not been made or, if an
objection has been made, the objector has not established that
the transfer would be contrary to the interests of the
incapacitated person; and
  (c) Plans for care and services for the incapacitated person in
the other state are reasonable and sufficient.
  (5) The court shall issue a provisional order granting a
petition to transfer a conservatorship and shall direct the
conservator to petition for conservatorship in the other state if
the court is satisfied that the conservatorship will be accepted
by the court of the other state and the court finds that:
  (a) The protected person is physically present in or is
reasonably expected to move permanently to the other state, or
the protected person has a significant connection to the other
state considering the factors in section 7 (2) of this 2009 Act;
  (b) An objection to the transfer has not been made or, if an
objection has been made, the objector has not established that
the transfer would be contrary to the interests of the protected
person; and
  (c) Adequate arrangements will be made for management of the
protected person's property.
 
  (6) The court shall issue a final order confirming the transfer
and terminating the guardianship or conservatorship upon its
receipt of:
  (a) A provisional order accepting the proceeding from the court
to which the proceeding is to be transferred which is issued
under provisions similar to section 17 of this 2009 Act; and
  (b) The documents required to terminate a guardianship or
conservatorship in this state. + }
  SECTION 17.  { +  Accepting guardianship or conservatorship
transferred from another state.
  (1) To confirm transfer of a guardianship or conservatorship
transferred to this state under provisions similar to section 16
of this 2009 Act, the guardian or conservator must petition the
court in this state to accept the guardianship or
conservatorship.  The petition must include a certified copy of
the other state's provisional order of transfer.
  (2) Notice of a petition under subsection (1) of this section
must be given to those persons that would be entitled to notice
if the petition were a petition for the appointment of a guardian
or issuance of a conservatorship order in both the transferring
state and this state. The notice must be given in the same manner
as notice is required to be given in this state.
  (3) On the court's own motion or on request of the guardian or
conservator, the incapacitated or protected person, or other
person required to be notified of the proceeding, the court shall
hold a hearing on a petition filed pursuant to subsection (1) of
this section.
  (4) The court shall issue an order provisionally granting a
petition filed under subsection (1) of this section unless:
  (a) The court determines that transfer of the proceeding would
be contrary to the interests of the incapacitated or protected
person; or
  (b) The guardian or conservator is ineligible for appointment
in this state.
  (5) The court shall issue a final order accepting the
proceeding and appointing the guardian or conservator as guardian
or conservator in this state upon its receipt from the court from
which the proceeding is being transferred of a final order issued
under provisions similar to section 16 of this 2009 Act
transferring the proceeding to this state.
  (6) Not later than 90 days after issuance of a final order
accepting transfer of a guardianship or conservatorship, the
court shall determine whether the guardianship or conservatorship
needs to be modified to conform to the law of this state.
  (7) In granting a petition under this section, the court shall
recognize a guardianship or conservatorship order from the other
state, including the determination of the incapacitated or
protected person's incapacity and the appointment of the guardian
or conservator.
  (8) The denial by a court of this state of a petition to accept
a guardianship or conservatorship transferred from another state
does not affect the ability of the guardian or conservator to
seek appointment as guardian or conservator in this state under
ORS chapter 125 if the court has jurisdiction to make an
appointment other than by reason of the provisional order of
transfer. + }
 
                               { +
ARTICLE 4 + }
                               { +
REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES + }
 
  SECTION 18.  { +  Registration of guardianship orders. If a
guardian has been appointed in another state and a petition for
the appointment of a guardian is not pending in this state, the
guardian appointed in the other state, after giving notice to the
appointing court of an intent to register, may register the
guardianship order in this state by filing as a foreign judgment
in a court, in any appropriate county of this state, certified
copies of the order and letters of office. + }
  SECTION 19.  { +  Registration of conservatorship orders. If a
conservator has been appointed in another state and a petition
for a conservatorship order is not pending in this state, the
conservator appointed in the other state, after giving notice to
the appointing court of an intent to register, may register the
conservatorship order in this state by filing as a foreign
judgment in a court of this state, in any county in which
property belonging to the protected person is located, certified
copies of the order and letters of office and of any bond. + }
  SECTION 20.  { +  Effect of registration.
  (1) Upon registration of a guardianship or conservatorship
order from another state, the guardian or conservator may
exercise in this state all powers authorized in the order of
appointment except as prohibited under the laws of this state,
including maintaining actions and proceedings in this state and,
if the guardian or conservator is not a resident of this state,
subject to any conditions imposed upon nonresident parties.
  (2) A court of this state may grant any relief available under
sections 1 to 22 of this 2009 Act and other law of this state to
enforce a registered order. + }
 
                               { +
ARTICLE 5 + }
                               { +
MISCELLANEOUS PROVISIONS + }
 
  SECTION 21.  { +  Uniformity of application and construction.
In applying and construing sections 1 to 22 of this 2009 Act,
consideration must be given to the need to promote uniformity of
the law with respect to its subject matter among states that
enact it. + }
  SECTION 22.  { +  Relation to Electronic Signatures in Global
and National Commerce Act. Sections 1 to 22 of this 2009 Act
modify, limit and supersede the federal Electronic Signatures in
Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do
not modify, limit or supersede section 1(c) of that Act, 15
U.S.C. 7001(c), or authorize electronic delivery of any of the
notices described in section 3(b) of that Act, 15 U.S.C.
7003(b). + }
  SECTION 23. ORS 125.015 is amended to read:
  125.015. (1) The probate courts and commissioners provided for
in ORS chapter 111 have exclusive jurisdiction of protective
proceedings.
  (2)  { + Subject to sections 1 to 22 of this 2009 Act for
adults as defined in section 2 of this 2009 Act, + } if an Oregon
court exercising probate jurisdiction becomes aware that a
protective proceeding has been commenced in another state, the
Oregon court shall notify the court in the other state of the
proceedings in this state. After consultation with the court of
the other state, the Oregon court shall determine whether it is
in the best interests of the respondent or protected person for
the Oregon court to continue to exercise jurisdiction in the
matter or whether it would be in the best interests of the
respondent or protected person to terminate the Oregon
proceedings and transfer the matter to the other court.
  SECTION 24. ORS 125.025 is amended to read:
  125.025. (1)  { + Subject to sections 1 to 22 of this 2009 Act
for adults as defined in section 2 of this 2009 Act, + } a court
having jurisdiction over a protective proceeding shall exercise
continuing authority over the proceeding. Subject to the
provisions of this chapter  { + and sections 1 to 22 of this 2009
Act + }, the court may act upon the petition or motion of any
person or upon its own authority at any time and in any manner it
deems appropriate to determine the condition and welfare of the
respondent or protected person and to inquire into the proper
performance of the duties of a fiduciary appointed under the
provisions of this chapter.
  (2) A court having jurisdiction over a protective proceeding in
which the respondent or protected person is a minor shall
consider and apply all relevant provisions of the Indian Child
Welfare Act codified at 25 U.S.C. sections 1901 et seq.
  (3) A court having jurisdiction over a protective proceeding
may:
  (a) Compel the attendance of any person, including respondents,
protected persons, fiduciaries and any other person who may have
knowledge about the person or estate of a respondent or protected
person. The court may require those persons to respond to
inquiries and produce documents that are subject to discovery
under ORCP 36.
  (b) Appoint counsel for a respondent or protected person.
  (c) Appoint investigators, visitors and experts to aid the
court in the court's investigation.
  (d) Exercise jurisdiction over any transaction entered into by
a fiduciary to determine if a conflict of interest existed and
enter an appropriate judgment with respect to the transaction.
  (e) Surcharge a surety for any loss caused by failure of a
fiduciary to perform a fiduciary duty or any other duty imposed
by this chapter, including a surcharge for attorney fees incurred
by a respondent or protected person by reason of the failure.
  (f) Require immediate delivery of a protected person or
property of the protected person, including records, accounts and
documents relating to that property, to the court or to a place
it designates.
  (g) Require the fiduciary to produce any and all records that
might provide information about the treatment or condition of the
protected person or property of the protected person.
  (h) Remove a fiduciary whenever that removal is in the best
interests of the protected person.
  (i) Appoint a successor fiduciary when a fiduciary has died,
resigned or been removed.
  (j) Require a respondent or protected person to submit to a
physical or mental examination pursuant to ORCP 44.
  (k) Make provisions for parenting time or visitation or order
support for any minor who is a respondent or protected person in
a protective proceeding.
  (L) Impose any conditions and limitations upon the fiduciary
that the court considers appropriate, including limitations on
the duration of the appointment. Any conditions or limitations
imposed on the fiduciary must be reflected in the letters of
appointment.
  (4) When a person files a petition or motion for a support
order under subsection (3)(k) of this section:
  (a) The person shall state in the petition or motion, to the
extent known:
  (A) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the minor,
including a proceeding brought under ORS 25.287, 107.085,
107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 416.400 to
416.465, 419B.400 or 419C.590 or ORS chapter 110; and
  (B) Whether there exists in this state or any other
jurisdiction a support order, as defined in ORS 110.303,
involving the minor.
  (b) The person shall include with the petition or motion a
certificate regarding any pending support proceeding and any
existing support order. The person shall use a certificate that
is in a form established by court rule and include information
required by court rule and paragraph (a) of this subsection.
 
  (5) When the court acts upon its own authority to order support
under subsection (3)(k) of this section, at least 21 days before
the hearing the court shall notify the Administrator of the
Division of Child Support of the Department of Justice, or the
branch office providing support services to the county where the
hearing will be held, of the hearing. Before the hearing the
administrator shall inform the court, to the extent known:
  (a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the minor,
including a proceeding brought under ORS 25.287, 107.085,
107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 416.400 to
416.465, 419B.400 or 419C.590 or ORS chapter 110; and
  (b) Whether there exists in this state or any other
jurisdiction a support order, as defined in ORS 110.303,
involving the minor.
  (6) The Judicial Department and the Department of Justice may
enter into an agreement regarding how the courts give the notice
required under subsection (5) of this section to the Department
of Justice and how the Department of Justice gives the
information described in subsection (5)(a) and (b) to the courts.
  (7) If the court finds that a conservator should be appointed,
the court may exercise all the powers over the estate and affairs
of the protected person that the protected person could exercise
if present and not under disability, except the power to make a
will. The court shall exercise those powers for the benefit of
the protected person and members of the household of the
protected person.
  (8) The powers of the court in protective proceedings may be
exercised by the court directly or through a fiduciary.
  SECTION 25. ORS 125.215 is amended to read:
  125.215. (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.
  (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 sections 1 to 22 of this 2009 Act for
adults as defined in section 2 of this 2009 Act, + } 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.
  SECTION 26.  { +  Transitional provision.
  (1) Sections 1 to 22 of this 2009 Act and the amendments to ORS
125.015, 125.025 and 125.215 by sections 23 to 25 of this 2009
Act apply to court proceedings begun on or after the effective
date of this 2009 Act.
  (2) Sections 1 to 6, 16 to 20, 21 and 22 of this 2009 Act and
the amendments to ORS 125.015, 125.025 and 125.215 by sections 23
to 25 of this 2009 Act apply to court proceedings begun before
the effective date of this 2009 Act, regardless of whether a
guardianship, conservatorship or protective order has been
issued. + }
  SECTION 27.  { + The unit and section captions used in this
2009 Act are provided only for the convenience of the reader and
 
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2009 Act. + }
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