Right to Counsel

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Legislation, Adult Protective Proceedings - Proposed Ward (incomplete)

Or. Rev. Stat. Ann. § 125.025(3)(b) provides that a court may appoint counsel for a protected person. 

 

However, Or. Rev. Stat. Ann. § 125.080(5)(a), as amended in 2021, requires the appointment of counsel for a protected person in an adult protective proceeding where a hearing is required and one of the following is true:


(A) The respondent or protected person requests that counsel be appointed;

(B) An objection is made or filed to the petition or motion by any person;

(C) The court has appointed a visitor under ORS 125.150, 125.160 or 125.605, and the visitor recommends appointment of counsel for the respondent or protected person; or

(D) The court determines that the respondent or protected person is in need of legal counsel.

 

§ 125.080(5)(b) clarifies that the "court is not required to appoint counsel under this subsection if the respondent or protected person is already represented by counsel or otherwise objects to appointment of counsel."

 

Appointment of Counsel: categorical Qualified: yes