Oregon Revised Statutes Chapter 125 § 125.055 — Petitions in protective proceedings; filing fee

Petitions in protective proceedings; filing fee. (1)(a) A petition in a protective proceeding that seeks the appointment of a fiduciary must designate the type of fiduciary that the petitioner seeks to have appointed. If the petition does not request the appointment of a fiduciary, or if the petition requests both the appointment of a fiduciary and some other protective order, the petition must contain a statement of the nature of the protective order requested. The caption of the petition must reflect the type of fiduciary whose appointment is requested or, if the appointment of a fiduciary is not requested, the nature of the protective order requested. An original and duplicate copy of the petition must be filed with the court. (b) A single filing fee shall be collected for a petition described in this section regardless of whether the petition requests multiple fiduciaries or protective orders. Notwithstanding ORS 21.135, 21.145, 21.175, 21.180 and 125.650, the fee shall consist of the highest applicable fee set forth in ORS 21.135, 21.145 (3), 21.175 or 21.180. (2) A petition in a protective proceeding must contain the following information to the extent that the petitioner is aware of the information or to the extent that the petitioner is able to acquire the information with reasonable effort: (a) The name, age, residence address and current location of the respondent. (b) The interest of the petitioner. (c) The name, age and address of the petitioner and any person nominated as fiduciary in the petition and the relationship of the person nominated to the respondent. (d) A statement as to whether the person nominated as fiduciary: (A) Has been convicted of a crime; (B) Has filed for or received protection under the bankruptcy laws; (C) Has caused any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction; (D) Has been removed as a fiduciary under ORS 125.225; or (E) Has had a license revoked or canceled that was required by the laws of any state for the practice of a profession or occupation. (e) If an event listed in paragraph (d) of this subsection has occurred, a statement of the circumstances surrounding the event. (f) If the person nominated as fiduciary is not the petitioner, a statement indicating that the person nominated is willing and able to serve. (g) The name and address of any fiduciary that has been appointed for the respondent by a court of any state, any trustee for a trust established by or for the respondent, any person appointed as a health care representative under the provisions of ORS 127.505 to 127.660 and any person acting as attorney-in-fact for the respondent under a power of attorney. (h) The name and address of the respondent’s treating physician and any other person who is providing care to the respondent. (i) The factual information that: (A) Except as provided in subparagraph (B) of this paragraph, supports the request for the appointment of a fiduciary or entry of other protective order, less restrictive alternatives to the appointment of a fiduciary that have been considered and why the alternatives are inadequate and the names and addresses of all persons who have information that would support a finding that an adult respondent is incapacitated or financially incapable. (B) If the petition seeks appointment of a guardian for a vulnerable youth, supports a finding that the proposed protected person is a vulnerable youth. (j) A statement that indicates whether the person nominated as fiduciary intends to place the respondent in a mental health treatment facility, a nursing home or other residential facility. (k) A general description of the estate of the respondent and the respondent’s sources of income and the amount of that income. (L) A statement indicating whether the person nominated as fiduciary is a public or private agency or organization that provides services to the respondent or an employee of a public or private agency or organization that provides services to the respondent. (m) A statement that indicates whether the petitioner is petitioning for plenary authority or specified limited authority for the person nominated as fiduciary. (3) In addition to the requirements of subsection (2) of this section: (a) If a petition seeks appointment of a guardian, the petition must contain a statement on whether the guardian will exercise any control over the estate of the respondent. If the guardian will exercise any control over the estate of the respondent, the petition must contain a statement of the monthly income of the respondent, the sources of the respondent’s income, and the amount of any moneys that the guardian will be holding for the respondent at the time of the appointment. (b) Except as provided in paragraph (c) of this subsection, if the petition seeks the appointment of a guardian for an adult respondent, of a guardian for a minor resp