Guardianships and Conservatorships
Guardianships and Conservatorships in Oregon: do I need a lawyer?
Guardianship and Conservatorship are legal processes otherwise known as “Protective Proceedings” under Oregon law. This is because Guardianships and Conservatorships exist to protect the legal and financial affairs of loved ones and others who may be unable to manage things without help.
These protective proceedings can, but do not need to be, intimidating and uncertain. Our firm has the expertise and knowledge to guide you through each step of the process.
What is a Guardianship?
Guardianships exist to ensure that vulnerable people are taken care of. Accordingly, a Guardianship involves a court proceeding for the purpose of showing that a person lacks the capacity to manage their affairs, and for appointing a Guardian to manage that person’s affairs.
The primary responsibilities of a Guardian are to make medical decisions for the protected person, and to make “placement” decisions for the protected person, such as whether that person resides at home or at a care facility. A Guardian may be appointed by the court on a permanent or emergency/temporary basis.
What is a Conservatorship?
Like a Guardianship, a Conservatorship is put in place to protect a vulnerable person. The difference is that a Conservatorship focuses on the assets and property of the protected person. A Conservator is appointed by the court to protect and manage the assets of a person that the law deems “financially incapable,” and who has an estate valued at over $10,000.
When is a Guardianship Necessary?
Before a court appoints a guardian for a protected person, it will ask whether alternatives have been considered or are already in place, such as an Advance Directive or Power of Attorney—any plan that the protected person made previously in the event of their incapacity.
Ultimately, a court will only appoint a guardian where the protected person is considered “Incapacitated” under Oregon law. This means the person must be unable to effectively evaluate and communicate information to such an extent that the person cannot adequately care for their own physical health or safety.
The requirements for a temporary guardianship are slightly different. Where an emergency or temporary guardianship is sought, there must be an immediate and serious danger to the life or health of the protected person.
What is the process like in Oregon? What should I expect?
The process begins with filing a Petition with the court. The Petition asks the court to appoint a guardian and/or Conservator for the protected person, either on a permanent or temporary basis (or sometimes both), and states the facts supporting the need for a protective proceeding. The Petition also must identify all persons who are entitled to notice of the proceeding under Oregon law.ncluding the protected person, their spouse, and their attorney if any, among others. The court wants to ensure that anyone who might object has an opportunity to do so.
During the petition process, the court will appoint a “visitor,” an unbiased and unaffiliated person, to interview the parties identified in the petition. The visitor will then prepare a report containing a summary of the visitor’s factual findings, including their opinion as to whether guardianship is necessary; whether the proposed guardian is fit to serve; and whether the protected person has any objections to a guardianship. Note, however, that the specific visitor procedure varies from county to county in Oregon.
What are the Powers and Responsibilities of a Guardian?
Under Oregon law, a guardian is generally responsible for the “care, comfort, and maintenance” of a protected person. (ORS 125.315) As part of that responsibility, the guardian is empowered to act on the protected person’s behalf by:
-
Making healthcare and placement decisions for the protected person;
-
Making funeral and burial arrangements for the protected person; and
-
Receiving funds and property on behalf of the protected person and managing it for their needs.
A guardian also has an obligation to become acquainted with (or to know) the protected person and to stay in contact with them over time through regular visits. The guardian is responsible for assessing and acting to maintain the protected person’s health, and should have an understanding of the protected person’s values so that they can act on their behalf. A guardian is also required to submit an Annual Guardians Report each year within 30 days of the anniversary of the guardian’s appointment.
What are the Powers and Responsibilities of a Conservator?
Under Oregon law, a guardian is generally responsible for the “care, comfort, and maintenance” of a protected person. (ORS 125.315) As part of that responsibility, the guardian is empowered to act on the protected person’s behalf by:
-
Making healthcare and placement decisions for the protected person;
-
Making funeral and burial arrangements for the protected person; and
-
Receiving funds and property on behalf of the protected person and managing it for their needs.
A guardian also has an obligation to become acquainted with (or to know) the protected person and to stay in contact with them over time through regular visits. The guardian is responsible for assessing and acting to maintain the protected person’s health, and should have an understanding of the protected person’s values so that they can act on their behalf. A guardian is also required to submit an Annual Guardians Report each year within 30 days of the anniversary of the guardian’s appointment.
Contact us!
To schedule a free consultation, complete the form below
Email: info@salemprobate.com
Phone: 503-383-1304
BACK TO TOP
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2022 Alex Bluestone Law, LLC
​
​