(1) If the recipient is a minor, after the date on which a judgment in favor of the recipient is rendered or settlement or compromise is agreed upon, the guardian of the minor or the conservator of the estate of the minor shall petition the court having probate jurisdiction in the county in which the guardian or conservator was appointed to determine the sum that will be needed for the minor’s complete physical rehabilitation. If the guardian or the conservator of the minor’s estate fails to petition the court, any other interested person or public body, agency or commission may file the petition. The lien of the Department of Human Services provided for in ORS 416.510 to 416.610 shall not attach to the amount of the judgment, settlement or compromise to the extent of the sum needed for the rehabilitation. Among other data, the petition shall contain the name and address of each person or public body, agency or commission liable to the minor under the judgment, settlement or compromise.
(2) The court shall conduct a hearing to determine the sum that will be needed by the minor and at least 10 days prior to the date of the hearing, the clerk of the court shall notify the conservator of the minor’s estate, the department and the person who filed the petition, if the person is someone other than the guardian or the conservator of the minor’s estate, of the date on which the hearing will be held. At the hearing any interested person as well as witnesses for the minor and for the department may testify on the question before the court. Upon reaching a decision, the court shall issue an order setting forth the decision and the clerk of the court shall enter the order in an appropriate record book. The clerk shall also send a copy of the order to the guardian or the conservator of the minor’s estate, the person who filed the petition if the person is someone other than the guardian or the conservator of the minor’s estate, the department and to each person or public body, agency or commission liable to the minor under the judgment, settlement or compromise. [Formerly 411.568; 1973 c.823 §131; 2001 c.600 §9]
Section: Previous 416.510 416.520 416.530 416.540 416.550 416.560 416.570 416.580 416.590 416.600 416.610 416.810 416.820 416.830 416.990 NextLast modified: August 7, 2008