Oregon Code § 125.095·Enacted ·Last updated March 01, 2026
Statute Text
Fees,
costs and disbursements payable in protective proceedings.
(1) Funds of a person subject to a
protective proceeding may be used to pay reasonable fees, costs and
disbursements to any visitor, attorney, physician, fiduciary or temporary
fiduciary for services related to the protective proceeding or for services provided
on behalf of a fiduciary, respondent, petitioner, cross-petitioner, objector or
protected person.
(2) Prior court
approval is required before the payment of fees from the funds of a person
subject to a protective proceeding when the payment is to:
(a) A physician
if the fees are incurred for services relating to proceedings arising out of
the filing of an objection to a petition, cross-petition or motion.
(b) An appointed
fiduciary, except that prior court approval is not required before payment of
fees to a conservator if the conservator is a trust company that has complied
with ORS 709.030, or if the conservator is the Department of Veterans Affairs.
(c) Any attorney
who has provided services relating to a protective proceeding, including
services provided in preparation or anticipation of the filing of a petition in
a protective proceeding.
(3) Subject to
ORS 125.495 to 125.520, prior court approval is not required before:
(a) Payment of
attorney fees incurred prior to the filing of a petition in a protective
proceeding for services unrelated to the protective proceeding; or
(b) Payment for
services provided by an attorney who is hired as a mediator for mediation
services related to a protective proceeding.
(4) A pleading
that alleges a basis for payment of attorney fees is not required before
payment of attorney fees is approved or made under this section.
(5) ORCP 68 does
not apply to requests for approval and payment of attorney fees made under this
chapter. [1995 c.664 §15; 1997 c.631 §409; 2005 c.625 §65; 2013 c.99 §1]
Plain English Explanation
This Oregon statute addresses Fees,
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 125.095
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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