reglab/housing_qa huggingface dataset:
OR Rev Stat § 125.170 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.170 - Payment and reimbursement for visitor services.

(1) Not more than once each calendar year, the court may charge a respondent or protected person for any visitor services provided during the year. The court may order reimbursement to the state from the assets of the respondent or protected person for the cost of any interview or report unless the court finds that the assessment would impose a hardship on the respondent or protected person. If the respondent or protected person is receiving public assistance or medical assistance, as defined in ORS 414.025, there is a rebuttable presumption that charging a respondent or protected person for the services of a visitor would impose a hardship. (2) The presiding judge by court order shall establish fees for visitors conducting interviews and preparing reports. (3) All amounts collected under this section in reimbursement for visitor services shall be forwarded to the State Court Administrator and are continuously appropriated to the State Court Administrator. Funds appropriated to the State Court Administrator under this section may be used by the State Court Administrator for the purpose of funding visitor services provided under ORS 125.150 and 125.155. [1999 c.775 §9; 2003 c.227 §1; 2013 c.688 §21]
OR Rev Stat § 125.200 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.200 - Preferences in appointing fiduciary.

The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to the respondent, any preference expressed by a parent of the respondent, the estate of the respondent and any impact on ease of administration that may result from the appointment. [1995 c.664 §19]
OR Rev Stat § 125.205 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.205 - Persons not qualified to act as fiduciary.

(1) A person is not qualified to serve as a fiduciary if the person: (a) Is incapacitated, financially incapable or a minor; (b) Is acting as a health care provider, as defined in ORS 127.505, for the protected person; or (c) Is the protected person’s parent or former guardian and: (A) At any time while the protected person was under the care, custody or control of the person, a court entered an order: (i) Taking the protected person into protective custody under ORS 419B.150; or (ii) Committing the protected person to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and (B) The court entered a subsequent order that: (i) The protected person should be permanently removed from the person’s home, or continued in substitute care, because it was not safe for the protected person to be returned to the person’s home, and no subsequent order of the court was entered that permitted the protected person to return to the person’s home before the protected person’s wardship was terminated under ORS 419B.328; or (ii) Terminated the person’s parental rights under ORS 419B.500 and 419B.502 to 419B.524. (2) A protected person, while not incapacitated, may petition the court to remove a prohibition contained in subsection (1)(c) of this section. [1995 c.664 §20; 2011 c.194 §1]
OR Rev Stat § 125.210 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.210 - Circumstances requiring notice to court.

(1)(a) A person nominated as a fiduciary shall inform the court of the circumstances of an event before the person is appointed if the person: (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. (b) If the person nominated as a fiduciary is also the petitioner, the information required by this subsection may be provided in the petition for appointment of a fiduciary in the manner specified by ORS 125.055. (2) A person who is appointed as a fiduciary shall inform the court of the circumstances of an event immediately if the person: (a) Is convicted of a crime; (b) Files for or receives protection under the bankruptcy laws; (c) Causes any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction; (d) Is removed as a fiduciary under ORS 125.225; or (e) Has a license revoked or canceled that is required by the laws of any state for the practice of a profession or occupation. (3) A person who is required to give notice to the court under subsection (2) of this section shall also give notice to those persons listed in ORS 125.060 (3). (4) The court may decline to appoint a person as a fiduciary, or may remove a person as a fiduciary, if the person fails to comply with the provisions of this section. [1995 c.664 §21; 2018 c.59 §3]
OR Rev Stat § 125.215 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.215 - Acceptance of appointment as fiduciary; notice of proceedings to fiduciary.

(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 ORS 125.800 to 125.852 for adults as defined in ORS 125.802, 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. [1995 c.664 §22; 2009 c.179 §25]
OR Rev Stat § 125.225 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.225 - Removal of fiduciary.

(1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person. (2) In addition to any other grounds, the court may remove a conservator if the conservator fails to use good business judgment and diligence in the management of the estate under the control of the conservator. The court may apply a higher standard of care to a conservator who claims to have greater than ordinary skill or expertise. (3) In addition to any other grounds, the court may remove a guardian if the court determines the guardian: (a) Unreasonably limits the protected person’s associations under ORS 125.323; (b) Fails to perform the guardian’s duties required under ORS 125.315 (1)(g) to (i); or (c) Changes the abode of the adult protected person or places the protected person in a mental health treatment facility, a nursing home or other residential facility and: (A) Failed to disclose in the petition for appointment that the guardian intended to make the placement; or (B) Failed to comply with ORS 125.320 (3) before making the placement. (4) On termination of the authority of a fiduciary, an interim fiduciary may be appointed by the court to serve for a period not to exceed 60 days. An interim fiduciary under this subsection may be appointed by the court without the appointment of a visitor, additional notices or any other additional procedure, except as may be determined necessary by the court. (5) Upon termination of the authority of a fiduciary, the court may appoint a successor fiduciary. A petition for appointment as successor fiduciary must be filed in the same manner as provided for an original petition, and is subject to all provisions applicable to an original petition for the appointment of a fiduciary. No filing fee shall be charged or collected for the filing of a petition for the appointment of a successor fiduciary. [1995 c.664 §24; 2017 c.391 §4; 2019 c.198 §4]
OR Rev Stat § 125.230 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.230 - Termination of fiduciary’s authority; discharge of fiduciary.

(1) Except as provided in subsection (3) of this section, a fiduciary’s authority terminates upon the death, resignation or removal of the fiduciary or upon the protected person’s death. If the fiduciary is a guardian appointed solely by reason of the minority of the protected person, the fiduciary’s authority terminates upon the protected person attaining 18 years of age. (2) Resignation or removal of a fiduciary does not discharge the fiduciary until a final report or accounting has been approved by the court, any surety exonerated and the fiduciary discharged by order of the court. (3) A guardian retains the authority to direct disposition of the remains of a deceased protected person if the guardian is unaware of any contact during the 12-month period immediately preceding the death of the protected person between the protected person and any person with priority over the fiduciary to control disposition of the remains under ORS 97.130 or to make an anatomical gift under ORS 97.965. [1995 c.664 §25; 1997 c.472 §11; 2007 c.681 §26]
OR Rev Stat § 125.235 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.235 - Liability of fiduciary.

A fiduciary is not personally liable to third persons for acts of the protected person solely by reason of being appointed fiduciary. [1995 c.664 §26]
OR Rev Stat § 125.242 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.242 - Exemptions for financial institutions and trust companies.

ORS 125.221 and 125.240 do not apply to a financial institution, as defined in ORS 706.008, a trust company, as defined in ORS 706.008, or the Oregon Public Guardian and Conservator in proceedings under ORS 125.675 to 125.691. [1999 c.774 §5; 2017 c.310 §9] Note: 125.242 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 125.300 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.300 - In general.

(1)(a) Except as provided in paragraph (b) of this subsection, a guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person’s actual mental and physical limitations. (b) A guardian may be appointed for an adult person if there is clear and convincing evidence that the person is a vulnerable youth. A guardianship for a vulnerable youth must be designed to encourage the development of maximum self-reliance and independence of the vulnerable youth and may be ordered only to the extent that the vulnerable youth consents and that is necessitated by the circumstances justifying the appointment of a guardian for the vulnerable youth. (2) An adult protected person for whom a guardian has been appointed is not presumed to be incompetent. (3) A protected person retains all legal and civil rights provided by law except those that have been expressly limited by court order or specifically granted to the guardian by the court. Rights retained by the person include but are not limited to the right to contact and retain counsel and to have access to personal records. [1995 c.664 §27; 2021 c.399 §10]
OR Rev Stat § 125.305 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.305 - Order of appointment.

(1) After determining that conditions for the appointment of a guardian have been established, the court may appoint a guardian as requested if the court determines by clear and convincing evidence that: (a) The respondent is a minor in need of a guardian, the respondent is incapacitated or the respondent is a vulnerable youth; (b) The appointment is necessary as a means of providing continuing care and supervision of the respondent; and (c) The nominated person is both qualified and suitable, and is willing to serve. (2) The court shall make a guardianship order that is no more restrictive upon the liberty of the protected person than is reasonably necessary to protect the person. In making the order the court shall consider the information in the petition, the report of the visitor, the report of any physician, naturopathic physician or psychologist who has examined the respondent, if there was an examination, and the evidence presented at any hearing. (3) The court may require that a guardian post bond. (4) The Department of Human Services may be appointed guardian of a minor if the minor has no living parents and if no willing, qualified and suitable relative or other person has petitioned the court for appointment as a guardian. [1995 c.664 §28; 2017 c.356 §11; 2021 c.399 §11]
OR Rev Stat § 125.310 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.310 - Letters of guardianship.

The court shall issue letters of guardianship to the guardian after the filing of any acceptance of the appointment and bond that may be required. A copy of the order appointing the guardian must be attached to the letters of guardianship. Letters of guardianship must be in substantially the following form: ______________________________________________________________________________ State of Oregon, ) ) LETTERS OF County of ___ ) GUARDIANSHIP BY THESE LETTERS OF GUARDIANSHIP be informed: That on ___ (month) ___ (day), 2___, the _____ Court, ___ County, State of Oregon, appointed _____ (name of guardian) guardian for _____ (name of protected person) and that the named guardian has qualified and has the authority and duties of guardian for the named protected person as provided in the order appointing the guardian, a copy of which is attached to these letters. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ___ (month) ___ (day), 2___. ________, Clerk of the Court By ________, Deputy ______________________________________________________________________________ [1995 c.664 §29]
OR Rev Stat § 125.320 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.320 - Limitations on guardian.

(1) A guardian may not authorize the sterilization of the protected person. (2) A guardian may not use funds from the protected person’s estate for room and board that the guardian or guardian’s spouse, parent or child have furnished the protected person unless the charge for the service is approved by order of the court before the payment is made. (3)(a) Before a guardian may change the abode of an adult protected person or place an adult protected person in a mental health treatment facility, a nursing home or other residential facility, the guardian must file with the court and serve a statement declaring that the guardian intends to make the change of abode or placement in the manner set forth in paragraph (b) of this subsection. (b)(A) The statement must be filed and served in the manner provided for serving a motion under ORS 125.065 to the persons specified in ORS 125.060 (3) and (8) at least 15 days prior to each change of abode or placement of the protected person. (B) When the guardian determines that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others, the statement shall declare that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others. The statement must be filed and served with as much advance notice as possible, in no event later than two judicial days after the change of abode or placement occurs. The guardian may make the change of abode or placement prior to a hearing on any objection. (c) In addition to the requirements of ORS 125.070 (1), the notice given to the protected person must clearly indicate the manner in which the protected person may object to the proposed placement. (d) The court shall schedule a hearing on any objection to a statement filed under this subsection made in the manner provided by ORS 125.075 for presenting objections to a petition or motion in a protective proceeding. If no objection is made, the guardian may change the abode of the adult protected person or place the adult protected person in a mental health treatment facility, a nursing home or other residential facility without further court order. (e) The requirement that notice be served on an attorney for a protected person under ORS 125.060 (8) does not impose any responsibility on the attorney receiving the notice to represent the protected person in the protective proceeding. (4) A guardian for a protected person who is a vulnerable youth may not possess or control the vulnerable youth’s identity documents. [1995 c.664 §31; 2001 c.473 §1; 2005 c.498 §3; 2017 c.391 §5; 2021 c.399 §12]
OR Rev Stat § 125.323 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.323 - Limits on association.

(1) As used in this section: (a) "Association" means communication, visitation or other social interaction with third parties; and (b) "Interested person" means a protected person, a person with whom association is being limited, any fiduciary for the protected person or any person who has filed a request for notice in the proceedings. (2) A guardian may not limit a protected person’s preferred associations, except: (a) As specifically allowed by the court; or (b) To the extent the guardian determines necessary to avoid unreasonable harm to the protected person’s health, safety or well-being. (3) If a protected person is unable to communicate, the protected person’s preferred association shall be presumed based on the prior relationship between the protected person and the person with whom the association is contemplated. (4)(a) If a guardian limits a protected person’s association as provided in subsection (2)(b) of this section, an interested person may move the court to modify the guardian’s powers with respect to limiting the association. (b) Motions under this subsection must be in writing, except that a protected person may move the court orally in person or by other means that are intended to convey the protected person’s motion to the court. The court shall designate the manner in which an oral motion may be made that ensures that a protected person will have the protected person’s motion presented to the court. The clerk of the court shall provide a means of reducing the oral motion to a signed writing for the purpose of filing the motion. (c) Any limits on a protected person’s associations in effect on the date a motion is filed under this subsection remain in effect pending the court’s action under paragraph (e) of this subsection. (d) The court shall schedule the hearing required under ORS 125.080 (3) on a motion under this subsection no later than 60 days following the date the motion is filed with the court. The person making the motion shall give notice to all persons entitled to notice under ORS 125.060 (3) of the date, time and place of the scheduled hearing at least 15 days before the date set for the hearing. Notice shall be given in the manner prescribed by ORS 125.065. The court for good cause shown may provide for a different method or time of giving notice under this subsection. (e) If the court determines that the guardian unreasonably limited association under this section, the court may: (A) Permit the association, with or without limitations; (B) Modify the guardian’s powers to limit the protected person’s associations; (C) Remove the guardian; or (D) Award reasonable attorney fees and court costs associated with the motion. [2019 c.198 §2]
OR Rev Stat § 125.330 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.330 - Limitations on guardian appointed for person committed to custody of Department of Corrections.

(1) Except as provided in subsection (2) of this section, a guardian appointed for a person committed to the legal and physical custody of the Department of Corrections may not exercise those powers specified in ORS 125.315 (1)(a) or (b) while the person remains confined. (2) A guardian appointed for a person committed to the legal and physical custody of the Department of Corrections may take reasonable care of the person’s clothing, furniture and other personal effects that are not located at the person’s place of confinement. (3) A guardian appointed for an incarcerated person may exercise those powers specified in ORS 125.315 (1)(c) only to the extent that the exercise of those powers is consistent with the protected person’s status as a confined person and with the powers and duties of the superintendent or other officials of the facility. In no event may a guardian appointed for a person committed to the legal and physical custody of the Department of Corrections exercise more authority over health care decisions than the protected person could exercise given the person’s status as a confined person. [1999 c.122 §2]
OR Rev Stat § 125.400 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.400 - Order of appointment.

Upon the filing of a petition seeking the appointment of a conservator, the court may appoint a conservator and make other appropriate protective orders if the court finds by clear and convincing evidence that the respondent is a minor or financially incapable, and that the respondent has money or property that requires management or protection. [1995 c.664 §33]