Oregon Revised Statutes Chapter 125 § 125.070 — Contents of notice

Contents of notice. (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 for the appointment of a conservator for a respondent who is alleged to be financially incapable or a notice of a petition for the appointment of a guardian or conservator for a respondent who is a minor that is served on the respondent 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 judge 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 MUST TELL SOMEONE AT THE COURTHOUSE BEFORE ___________ (DATE) IF YOU OPPOSE HAVING SOMEONE ELSE MAKE THESE DECISIONS FOR YOU. OBJECTIONS: You can write to the judge if you do not want someone else making decisions for you. The judge’s address is: _________. 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. You can object any time after the judge has appointed a guardian. You can ask the judge at any time to limit the kinds of decisions that the guardian makes for you so that you can make more decisions for yourself. You can also ask the judge at any time to end the guardianship. THE HEARING: The judge will hold a hearing 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. 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 can have your witnesses tell the judge why you do not need a guardian and you can bring in records and other information about why you think that you do not need a guardian. You can ask your witnesses questions and other witnesses questions. THE COURT VISITOR: The judge will appoint someone to investigate whether you need a guardian to make decisions for you. This person is called a “visitor.” The visitor works for the