Local Rule Rule 1004.1-1: Petition—Infant or Incompetent Person.

Rule 1004.1-1. Petition—Infant or Incompetent Person.

(a) Prepetition Appointment of Representative. If, before the petition date, a representative has been appointed by a court under nonbankruptcy law for a debtor who is an infant or incompetent person, then a copy of the appointment instrument must be filed with a voluntary petition or with the alleged debtor's first pleading responding to an involuntary petition.

(b) No Prepetition Appointment of Representative. If, before the petition date, no representative has been appointed by a court under nonbankruptcy law for a debtor who is an infant or incompetent person, then a motion for the court to appoint a next friend or guardian ad litem ("movant") for the debtor must be filed with a voluntary petition or with the alleged debtor's first pleading responding to an involuntary petition.

(1) The motion must be accompanied by the movant's declaration under penalty of perjury with the following information:

(A) the movant's name, address, and relationship to the debtor;

(B) whether a representative was appointed for the debtor under nonbankruptcy law before the petition was filed;

(C) why appointment of the movant as next friend or guardian ad litem is necessary;

(D) why appointment of the movant would be in the debtor's best interest;

(E) the fee, if any, that the movant would charge the debtor for serving as next friend or guardian ad litem;

(F) the information that would be required by ORS 125.055(2)(d) and (e) if the movant as petitioner were to petition in a protective proceeding in Oregon for the appointment of a fiduciary for the debtor as respondent;

(G) the movant's competence to handle the debtor's financial affairs, including the movant's knowledge of debtor's financial affairs;

(H) whether the movant has any current or potential future interest in the debtor's financial affairs;

(I) whether any of the debtor's debts were incurred for the benefit of the movant;

(J) the names and addresses of all persons who would be entitled to notice under ORS 125.060(2) if a petition were filed in Oregon for the appointment of the movant as a fiduciary for the debtor as respondent; and

(K) whether the debtor can provide some or all of the other information required by this (b)(1), either by live or telephone or video testimony or declaration and, if not, an explanation why not.

(2) In cases where appointment is sought on behalf of an incompetent person, the declaration must be accompanied by the following documents:

(A) a letter from the debtor's physician regarding the debtor's ability to conduct the debtor's own financial affairs;

(B) a letter from the debtor's caregiver regarding the debtor's ability to conduct the debtor's own affairs; and

(C) a copy of any power of attorney or other document giving the movant authority to act for the debtor.

(3) The motion and declaration must be served under FRBP 7004 on the debtor, and notice thereof must be provided to the trustee, all creditors, the UST, and all persons who would be entitled to notice under ORS 125.060(2) of the filing of a petition in Oregon for the appointment of the movant as a fiduciary for the debtor as respondent.

(4) The court will hear the motion before the meeting of creditors under § 341(a), if possible. The movant must appear to testify at the hearing, either in person, by video or by telephone.

(5) The movant must inform the court of events of which ORS 125.210 would require reporting if the movant were nominated or appointed in Oregon as a fiduciary for the debtor.

Cross-reference: Voluntary Petition by Attorney in Fact - LBR 1002-1(a)(3).