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 576
 
                         Senate Bill 370
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  State Bar Elder Law 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 as
introduced.
 
  Allows entry of limited judgment for decision on request for
award of expenses of personal representative. Allows entry of
limited judgment for decision on payments authorized or subject
to court approval in protective proceedings.
 
                        A BILL FOR AN ACT
Relating to limited judgments; amending ORS 111.275 and 125.030.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 111.275 is amended to read:
  111.275. (1) The court in a probate proceeding under ORS
chapters 111, 112, 113, 114, 115, 116 and 117 may enter a limited
judgment only for the following decisions of the court:
  (a) A decision on a petition for appointment or removal of a
personal representative.
  (b) A decision in a will contest filed in the probate
proceeding.
  (c) A decision on an objection to an accounting.
  (d) A decision on a request made in the proceeding for a
declaratory judgment under ORS 111.095.
   { +  (e) A decision on a request for an award of expenses
under ORS 116.183. + }
    { - (e) - }  { +  (f) + } Such decisions of the court as may
be specified by rules or orders of the Chief Justice of the
Supreme Court under ORS 18.028.
  (2) A court may enter a limited judgment under this section
only if the court determines that there is no just reason for
delay. The judgment document need not reflect the court's
determination that there is no just reason for delay.
  SECTION 2. ORS 125.030 is amended to read:
  125.030. (1) The appointment of a fiduciary in a protective
proceeding shall be made by limited judgment.
  (2) The court in a protective proceeding may enter a limited
judgment only for the following decisions of the court:
  (a) A decision on an objection to an accounting.
  (b) A decision on placement of a protected person.
  (c) A decision on the sale of the residence of a protected
person.
   { +  (d) A decision on a payment that is authorized or subject
to approval under ORS 125.095. + }
 
    { - (d) - }  { +  (e) + } Such decisions of the court as may
be specified by rules or orders of the Chief Justice of the
Supreme Court under ORS 18.028.
  (3) A court may enter a limited judgment under subsection (2)
of this section only if the court determines that there is no
just reason for delay. The judgment document need not reflect the
court's determination that there is no just reason for delay.
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