Bill Text: OR HB2570 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to compensation in protective proceedings.

Spectrum: Committee Bill

Status: (Passed) 2013-05-13 - Chapter 99, (2013 Laws): Effective date January 1, 2014. [HB2570 Detail]

Download: Oregon-2013-HB2570-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 456

                         House Bill 2570

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Judiciary
  for Oregon State Bar Elder Law Section)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Clarifies that funds of protected person may be used to pay
reasonable compensation rendered on behalf of respondent in
protective proceeding.
  Provides that court approval is required for payment of
attorney fees for services provided in protective proceeding by
attorney who appeared in proceeding. Excepts payment of attorney
fees for certain services provided prior to filing of protective
proceeding.
  Allows party or attorney to file motion requesting court
approval and payment of attorney fees at any time during pendency
of protective proceeding but no later than two years after date
services were provided.
  Specifies factors for court to consider in determining whether
to award attorney fees in protective proceeding and in
determining amount of attorney fees to award.

                        A BILL FOR AN ACT
Relating to compensation in protective proceedings; creating new
  provisions; and amending ORS 125.095.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 125.095 is amended to read:
  125.095. (1) Funds of the protected person may be used to pay
reasonable compensation to any visitor, attorney, physician,
fiduciary or temporary fiduciary for services   { - rendered - }
 { +  provided + } in the protective proceeding or for services
 { - rendered - }  { +  provided + } on behalf of the
fiduciary { + , respondent + } or protected person.
  (2) Prior court approval is required { + :
  (a) + } Before   { - the - }  payment of the fees of any
visitor or physician if the fees are incurred for services
relating to proceedings arising out of the filing of an objection
to a petition or motion.
    { - (3) - }  { +  (b) + }   { - Prior court approval is
required - }  { +   + }Before payment of compensation to a
fiduciary   { - or to the attorneys for a fiduciary - } , except
that prior court approval is not required before payment of
compensation 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) Before payment of attorney fees to an attorney who
has made an appearance in a protective proceeding filed on behalf
of the protected person. However, prior court approval is not
required before payment of attorney fees for services provided
prior to the filing of a protective proceeding, unless the
services were in furtherance of a subsequently filed protective
proceeding in which the attorney provided services.
  (3) Notwithstanding ORCP 68 C(2)(a), 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.
  (4) Notwithstanding ORCP 68 C(4)(a), a party or attorney may
file a motion requesting court approval and payment of attorney
fees under this section at any time during the pendency of a
protective proceeding but no later than two years after the date
on which the services for which fees are requested were
provided. + }
  SECTION 2.  { + (1) As used in this section, 'party' means a
person represented by an attorney where a request for court
approval and payment of the attorney's fees has been made in a
protective proceeding under ORS 125.095.
  (2) Notwithstanding ORS 20.075, a court shall consider the
following factors in determining whether to award attorney fees
under ORS 125.095:
  (a) Whether the relief sought by a party was granted in whole
or in part.
  (b) The party's pecuniary interest in the proceeding.
  (c) The benefit to the protected person of the party's actions
in the proceeding.
  (3) A court shall consider the factors specified in subsection
(2) of this section in determining the amount of an award of
attorney fees under ORS 125.095. In addition, the court shall
consider the following factors in determining the amount of an
award of attorney fees:
  (a) The time and labor required in the proceeding, the novelty
and difficulty of the issues involved and the skill needed to
provide the legal services.
  (b) The likelihood that the acceptance of the employment on
behalf of the party by the attorney would preclude the attorney
from other employment, where the likelihood should be apparent or
was made apparent to the party.
  (c) The fee customarily charged by an attorney in the locality
for similar legal services.
  (d) The time limitations imposed by the party or the
circumstances of the proceeding.
  (e) The experience, reputation and ability of the attorney
providing the legal services.
  (f) The amount of the attorney fees requested relative to the
protected person's estate, whether or not the protected person's
estate is subject to the direct or indirect control of a
conservator.
  (4) In an appeal from the award of or denial of a request for
attorney fees under ORS 125.095 and this section, the court
reviewing the award may not modify the decision of the court
below in making or denying an award, or the decision of that
court as to the amount of the award, except upon a finding of an
abuse of discretion. + }
  SECTION 3.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 125. + }
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