(at the request of House Interim Committee on Judiciary for Oregon State Bar Elder Law Section)
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Regular Sponsors:
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Bill Title:
Relating to compensation in protective proceedings.
Catchline/Summary:
Provides that funds of person subject to protective proceeding may be used to pay reasonable fees, costs and disbursements for services related to protective proceeding.Clarifies] Provides that funds of protected] person subject to protective proceeding may be used to pay reasonable compensation rendered on behalf of respondent in] fees, costs and disbursements for services related to 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.]
Clarifies when court approval is required for payment of fees from funds of person subject to 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.
Prohibits reviewing court from modifying lower court decision making or denying award of attorney fees except upon finding of abuse of discretion.
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HB 2570
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