Discretionary appointment of counsel

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Legislation, Guardianship/Conservatorship of Adults - Protected Person

The court has discretion to appoint counsel for a respondent or protected person in an adult protective proceeding.  Or. Rev. Stat. Ann. §§ 125.025(3)(b), 125.080(4).  Because the guardianship statute (Or. Rev. Stat. Ann. § 125.300 et seq.) falls within the Protective Proceedings chapter, this authority extends to guardianship proceedings as well. Additional support for this interpretation is the fact that “protected person” is defined in Or. Rev. Stat. Ann. 125.005(7) as “a person for whom a protective order has been entered”, and § 125.300(1), which provides the circumstances in which a guardian can be appointed, refers to the “protected person."


Or. Rev. Stat. Ann. § 125.090 specifies that the same procedures for guardianship establishment proceedings apply to review proceedings, so the discretionary appointment of counsel would likely apply as well.


Appointment of Counsel: discretionary Qualified: no