436.255 Court hearing on petition; notice

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

436.255 Court hearing on petition; notice.

(1)Upon such a petition for determination of ability to give informed consent, the court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition.

(2)The court may, at its discretion, hold a hearing on the petition at a place other than the courtroom if it would facilitate the presence of the respondent. The court shall cause a copy of the petition and notice of the hearing to be served on the respondent and the respondent’s parent, legal guardian or conservator, if any, at least 14 days prior to the hearing date. Notice is also required to the following:

(a)The spouse of the respondent, if any;

(b)The sibling of the respondent if there are no living parents;

(c)The system described in ORS 192.517 (1); and

(d)Such other persons as the court may determine have an interest in the respondent.

(3)If the parent or legal guardian of the respondent is not a resident of this state, notice may be served by registered mail or by certified mail with return receipt. If the residence of the respondent’s parent or legal guardian is unknown, an affidavit so stating shall be filed in lieu of service. [1983 c.460 §8; 1991 c.249 §36; 2003 c.14 §247; 2005 c.498 §10]