reglab/housing_qa huggingface dataset:
OR Rev Stat § 125.005 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.005 - Definitions.

As used in this chapter: (1) "Conservator" means a person appointed as a conservator under the provisions of this chapter. (2) "Fiduciary" means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter. (3) "Financially incapable" means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. "Manage financial resources" means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income. (4) "Guardian" means a person appointed as a guardian under the provisions of this chapter. (5) "Incapacitated" means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person’s physical health or safety. "Meeting the essential requirements for physical health and safety" means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur. (6) "Minor" means any person who has not attained 18 years of age. (7) "Protected person" means a person for whom a protective order has been entered. (8) "Protective order" means an order of a court appointing a fiduciary or any other order of the court entered for the purpose of protecting the person or estate of a respondent or protected person. (9) "Protective proceeding" means a proceeding under this chapter. (10) "Respondent" means a person for whom entry of a protective order is sought in a petition filed under ORS 125.055. (11) "Visitor" means a person appointed by the court under ORS 125.150 for the purpose of interviewing and evaluating a respondent or protected person. (12) "Vulnerable youth" means a person who: (a) Is at least 18 years of age but has not attained 21 years of age; (b) Is eligible for classification under 8 U.S.C. 1101(a)(27)(J); and (c) Cannot be reunified with one or more of the person’s parents due to abuse, neglect or abandonment, that occurred when the person was a minor. [1995 c.664 §1; 2007 c.70 §31; 2021 c.399 §1]
OR Rev Stat § 125.010 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.010 - Protective proceedings.

(1) Any person who is interested in the affairs or welfare of a respondent may file a petition for the appointment of a fiduciary or entry of other protective order. (2) A protective proceeding is commenced by the filing of a petition in a court with jurisdiction over protective proceedings. (3) The court may appoint any of the following fiduciaries in a protective proceeding: (a) A guardian, with the powers and duties specified in this chapter. (b) A conservator, with the powers and duties specified in this chapter. (c) A temporary fiduciary, with the powers and duties specified in this chapter. (d) Any other fiduciary necessary to implement a protective order under ORS 125.650. (4) In addition to appointing a fiduciary, or in lieu of appointing a fiduciary, the court may enter any other protective order in a protective proceeding in the manner provided by ORS 125.650. (5) The court may make a determination described in ORS 127.550 with regard to an advance directive in a protective proceeding in which a guardian or temporary guardian has been appointed for the principal, or in which the petition seeks the appointment of a guardian or a temporary guardian for the principal. [1995 c.664 §2; 2001 c.396 §1]
OR Rev Stat § 125.015 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.015 - Jurisdiction of protective proceedings; proceedings in other states.

(1) The probate courts and commissioners provided for in ORS chapter 111 have exclusive jurisdiction of protective proceedings. (2) Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, if an Oregon court exercising probate jurisdiction becomes aware that a protective proceeding has been commenced in another state, the Oregon court shall notify the court in the other state of the proceedings in this state. After consultation with the court of the other state, the Oregon court shall determine whether it is in the best interests of the respondent or protected person for the Oregon court to continue to exercise jurisdiction in the matter or whether it would be in the best interests of the respondent or protected person to terminate the Oregon proceedings and transfer the matter to the other court. [1995 c.664 §3; 2009 c.179 §23]
OR Rev Stat § 125.020 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.020 - Venue for protective proceedings.

(1) Except as provided in this section, a protective proceeding must be commenced in the county where the respondent resides or is present. (2) If the respondent resides in an institution by reason of an order of a court, the proceeding may be commenced in the county where that court sits. (3) If the respondent does not reside in this state and is not present in this state, a conservatorship proceeding may be commenced in any county where property of the respondent is located. (4) The court may transfer a protective proceeding at any time to another court if the transfer is in the best interests of the respondent or protected person. [1995 c.664 §4]
OR Rev Stat § 125.030 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.030 - Use of limited judgment in protective proceedings.

(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. (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. [2005 c.568 §36; 2009 c.50 §2]
OR Rev Stat § 125.035 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.035 - Reports to Legislative Assembly regarding protective proceedings.

(1) As used in this section: (a) "Case subtype" means guardianship, conservatorship or guardianship and conservatorship. (b) "Case type" means adult protective proceeding or minor protective proceeding. (2) No later than September 15 of each year, the Judicial Department shall submit, to the interim committees of the Legislative Assembly related to the judiciary, a report on county-level data concerning protective proceedings in Multnomah, Lane and Columbia Counties during the two calendar years immediately preceding the year of the report, including: (a) The number of protective proceedings initiated, broken out by case type and case subtype; (b) The number of protective proceedings where the respondent was 65 years of age or older at the time the petition was filed; (c) The number of protective proceedings granted, broken out by case type and case subtype; and (d) The number of respondents or protected persons for whom the court appointed counsel under ORS 125.080, broken out by case subtype. (3) The department, in consultation with the office of public defense services, shall also include in the report described in subsection (2) of this section, to the extent the data is available: (a) The number of cases with court appointed counsel where payment for court appointed counsel was from the assets of the respondent or protected person, broken out by case subtype; and (b) The aggregate number of hours court appointed counsel spent representing respondents or protected persons and the average number of hours court appointed counsel spent per case. [2021 c.400 §2] Note: Section 3, chapter 400, Oregon Laws 2021, provides: Sec. 3. The Judicial Department shall submit the first report required under section 2 of this 2021 Act [125.035] no later than September 15, 2024, and annually thereafter. [2021 c.400 §3] Note: 125.035 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 § 125.050 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.050 - Application of ORCP and Oregon Evidence Code.

Except as otherwise provided by this chapter, the Oregon Rules of Civil Procedure and the Oregon Evidence Code apply in protective proceedings. [1995 c.664 §6]
OR Rev Stat § 125.065 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.065 - Manner of giving notice.

(1) Except as provided in ORS 125.060, notice of the filing of a petition must be personally served on any respondent who has attained 14 years of age. Notice of a petition must be personally served on the parents of a respondent if the petition is based on the fact that the respondent is a minor. The notice may not be served on the respondent by the visitor appointed by the court. The notice shall be written in language reasonably understandable by the respondent. The notice must be printed in type size equal to at least 12-point type. (2) Except as provided in subsection (1) of this section, the notices required under ORS 125.060 may be mailed to the last-known address of the person. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, notice of the filing of a petition may be given by publishing at least once a week for three consecutive weeks a copy of the notice in a newspaper having general circulation in the county where the hearing is to be held. The last publication of the notice must be at least 15 days before the final date for the filing of objections. (3) The date of personal service or mailing under this section must be at least 15 days before the final date for the filing of objections to the petition or motion. If the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act provided for in ORS 109.701 to 109.834, the date of service or mailing must be at least 21 days before the final date for the filing of objections to the petition or motion. (4) The court for good cause shown may provide for a different method or time of giving notice under this section. (5) Proof of the giving of notice must be filed in the proceeding before the court enters any order on a petition or motion. [1995 c.664 §9; 1999 c.649 §53; 2021 c.399 §5]
OR Rev Stat § 125.075 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.075 - Presentation of objections.

(1) Any person who is interested in the affairs or welfare of a respondent or protected person may present objections to a petition or to a motion in a protective proceeding, including but not limited to: (a) Any person entitled to receive notice under ORS 125.060. (b) Any stepparent or stepchild of the respondent or protected person. (c) Any other person the court may allow. (2) Objections to a petition may be either written or oral. Objections to a motion must be in writing, except that a protected person may object orally in person or by other means that are intended to convey the protected person’s objections to the court. Objections to a petition or to a motion must be made or filed with the court within 15 days after notice of the petition or motion is served or mailed in the manner prescribed by ORS 125.065. The court shall designate the manner in which oral objections may be made that ensures that a protected person will have the protected person’s objection presented to the court. The clerk of the court shall provide a means of reducing the oral objections to a signed writing for the purpose of filing the objection. (3) If objections are presented by any of the persons listed in subsection (1) of this section, the court shall schedule a hearing on the objections. The petitioner or 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 hearing. Notice shall be given in the manner prescribed by ORS 125.065. (4) Notwithstanding ORS 21.170, the court may not charge or collect any fee for the filing of objections under the provisions of this section or for the filing of any motion from any of the following: (a) The respondent or the protected person; (b) The office of the Long Term Care Ombudsman; or (c) The system described in ORS 192.517 (1). (5) The court for good cause shown may provide for a different method or time of giving notice under subsection (3) of this section. [1995 c.664 §11; 2011 c.595 §129; 2015 c.365 §1; 2017 c.391 §3]
OR Rev Stat § 125.090 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.090 - Termination of proceedings.

(1) A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding is filed and a fiduciary opposes the motion. The fiduciary has the burden of proving by clear and convincing evidence that a protected person continues to be incapacitated or financially incapable if a motion to terminate a protective proceeding is filed and the fiduciary opposes the motion. A visitor must be appointed if a motion for termination of a guardianship is filed and objections are filed to the motion. A visitor may be appointed if a motion for termination of a conservatorship is filed. (2) The court may terminate protective proceedings upon motion after determining any of the following: (a) The appointment of a fiduciary or other protective order was made because the protected person was a minor, and the protected person has attained the age of majority. (b) The appointment of a fiduciary or other protective order was made because the protected person was incapacitated, and the protected person is no longer incapacitated. (c) The appointment of a fiduciary or other protective order was made because the protected person was financially incapable, and the protected person is no longer financially incapable or the conditions of ORS 125.535 have been met. (d) The protected person has died. (e) The best interests of the protected person would be served by termination of the proceedings. (f) If the appointment of a guardian was made because the protected person was a vulnerable youth: (A) The protected person has attained 21 years of age; (B) The protected person moved the court to terminate the guardianship; or (C)(i) The guardian or other person moved the court to terminate the guardianship; (ii) The motion is supported by a declaration establishing that a substantial change has occurred in the circumstances of the protected person or of the guardian; and (iii) The best interests of the protected person would be served by termination of the guardianship. (3) The court shall terminate a protective proceeding by entry of a general judgment. [1995 c.664 §14; 2005 c.568 §37; 2021 c.399 §8]
OR Rev Stat § 125.095 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.095 - 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]
OR Rev Stat § 125.155 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.155 - Visitor’s report.

(1) A visitor shall file a report in writing with the court within 15 days after the visitor is appointed. The court may grant additional time for filing the visitor’s report upon a showing of necessity and good cause. (2) The report of the visitor appointed at the time a petition is filed requesting the appointment of a fiduciary must include the following: (a) A statement of information gathered by the visitor relating to the correctness of the allegations contained in the petition, whether the appointment of a fiduciary is necessary and whether the nominated fiduciary is qualified and willing to serve. (b) The name, address and telephone number of each person interviewed for the report, the date of the interview and the relationship of the person interviewed to the respondent. (c) The recommendations of the visitor with regard to the suitability of the nominated fiduciary, any limitations that should be imposed on the fiduciary and the need for further evaluation. (d) The recommendation of the visitor on any issue the court specifically asks the visitor to investigate regarding the propriety of appointing a fiduciary for the respondent. (e) The visitor’s determinations required by ORS 125.150. (f) Any express communication made by the respondent relating to the desires of the respondent regarding representation by counsel. (g) Any express communication made by the respondent with respect to whether the respondent is willing to attend a hearing, wishes to contest the appointment of a fiduciary, objects to the nominated fiduciary or prefers another person act as fiduciary. (3) The State Court Administrator may prescribe one or more forms to be used by visitors for filing their reports. (4) As soon as possible after a report is filed with the court under the provisions of this section, the clerk of the court shall mail copies of the report to any person who has filed with the court a specific request for a copy of the report. A request made under ORS 125.060 (3)(b) does not meet the requirements of this subsection unless the request specifically requests a copy of the visitor’s report. (5) The visitor must be present at the hearing on any objections to the appointment of a fiduciary. A visitor is entitled to reasonable compensation for attendance at the hearing. The court shall notify the visitor of the time and place of any hearing on objections to the appointment. [1995 c.664 §17; 2003 c.227 §6]
OR Rev Stat § 125.160 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.160 - Subsequent appointment of visitor.

At any time after the appointment of a fiduciary, the court may appoint a visitor. The court may require the visitor to perform any duty the visitor could have performed if appointed at the time the fiduciary was appointed, including interviewing relevant persons, examining relevant records, reporting in writing to the court and being present at any hearing. [1995 c.664 §18]
OR Rev Stat § 125.165 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 125 - Protective Proceedings|Section 125.165 - Qualifications and standards for visitors.

(1) A presiding judge shall by court order establish: (a) Qualifications for persons serving as visitors for the court, in addition to those qualifications established by this section; and (b) Standards and procedures to be used by visitors in the performance of their duties. (2) A visitor may be an employee of the court. The visitor may not have any personal interest in the respondent or protected person, or any pecuniary or financial interest in the proceedings, if those interests could compromise or otherwise affect the decisions of the visitor. A visitor may not receive compensation for services rendered as a fiduciary for two or more protected persons at the same time who are not related to the fiduciary. (3) A visitor must: (a) Have the training and expertise adequate to allow the person to conduct the interviews and make the recommendations required under ORS 125.150 and 125.155, to communicate with, assess and interact with respondents and protected persons, and to perform the other duties required of a visitor; and (b) Demonstrate sufficient knowledge of the law so as to be able to inform a respondent or protected person of the nature and effect of a protective proceeding, to inform a respondent or protected person of the rights of the respondent or protected person in the protective proceeding, to answer the questions of a respondent or protected person and to inform fiduciaries concerning their powers and duties. [1999 c.775 §10; 2003 c.227 §2]