What is a Guardianship in Oregon?

What is an Oregon Guardian?

In Oregon, a guardian is responsible for the medical and other care decisions of someone else.   Guardians are appointed by the court and are legally responsible for the person under their care.  Typically, these are children younger than 18 years old or adults that do not have the ability to care for themselves.  Under Oregon law, "A guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person."

What does a Guardian do?

A guardian makes decisions for the benefit for the person entrusted to them.  Oregon law describes the job of a guardian as:

125.315 General powers and duties of guardian

A guardian has the following powers and duties:

(a)Except to the extent of any limitation under the order of appointment, the guardian has custody of the protected person and may establish the protected persons place of abode within or without this state.

(b)The guardian shall provide for the care, comfort and maintenance of the protected person and, whenever appropriate, shall arrange for training and education of the protected person. Without regard to custodial rights of the protected person, the guardian shall take reasonable care of the persons clothing, furniture and other personal effects unless a conservator has been appointed for the protected person.

Guardians have many other duties described in the law.  Please consult with a professional if you are a guardian and you have any questions regarding your duties and obligations. 

How are Guardians appointed in Oregon?

In order to be appointed a guardian you must petition the court.  Then the court will appoint a "visitor" to interview both the person nominated in the petition to be the guardian and the protected person.

Once the visitor has completed their investigation, they will file a report with the court.  The court will then decide if there is evidence to support the petition and appoint a guardian.

Guardian's report for adult persons.

Guardians of adult protected persons must file a guardians report annually within 30 days of the anniversary of the appointment date.  The form is court mandated.

 

I hope that this post helped you understand some of the basics of Oregon Guardianships.  If there is anything that I missed, please leave a comment below.  You can also visit the Guardian and Conservator Association of Oregon for much more information on the subject.

Portland Probate Attorney
kevin@pnwprobate.com
(503) 893-5878