Thursday, May 23, 2013

Cat Champion Corp. v. Primrose case brief

Cat Champion Corp. v. Primrose case brief
149 P.3d 1276

CASE SYNOPSIS: Appellant animal organization challenged a decision from the Circuit Court, Linn County (Oregon), which denied its petition for a limited protective order under Or. Rev. Stat. § 125.650 pertaining to respondent owner's cats.

FACTS: The organization obtained the owner's cats due to neglect. She was charged with criminal animal neglect, but the charges were dismissed after a psychological evaluation. The organization had a lien for its reasonable expenses in caring for the animals. It sought a protective order under Or. Rev. Stat. § 125.650 to allow it to place the cats in adoptive homes. After the request was denied, the organization sought review. In reversing, the appellate court determined that, before a protective order could have been entered, the trial court was required to find that grounds existed for the appointment of either a guardian, a conservator, or a temporary fiduciary. If it decided to appoint one, it could appoint a fiduciary whose authority was limited to certain acts needed to implement the protective order. The organization met the requirements of a conservator because the owner was unable to manage her financial affairs. The owner's property, the cats, required management or protection. Finally, a conservator was allowed to dispose of estate assets. Therefore, the trial court had the authority to enter the requested order.

CONCLUSION: The decision was reversed, and the case was remanded for entry of the protective order.

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