Understanding Guardianship and Conservatorship in Oregon

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

1. Identify the Right Proceeding

   Oregon law separates personal and financial decision-making. A guardian handles health care, living arrangements and daily needs. A conservator manages finances and property. See ORS 125.005 et seq. (Chapter 125).

2. Obtain a Medical Assessment

   Oregon requires a physician’s or psychologist’s statement confirming incapacity. The declaration must address the person’s ability to make personal or financial decisions. See ORS 125.085 (125.085).

3. Prepare and File the Petition

   File the petition in the county circuit court where the individual resides. Use the court’s guardianship and conservatorship forms. The petition must include: name and address of the proposed ward, a description of assets (for conservatorships), and the medical assessment. For guardianship, see ORS 125.075 (125.075). For conservatorship, see ORS 125.025 (125.025).

4. Serve Notice

   Serve copies of the petition and notice of hearing on the proposed ward, their spouse, adult children and any existing guardian or conservator. Follow ORS 125.085 for the time frame and method.

5. Attend the Investigative Interview

   The court appoints an investigator or visitor to interview the proposed ward. The visitor evaluates the individual’s capacity and recommends whether guardianship or conservatorship is appropriate. See ORS 125.090.

6. Prepare for the Court Hearing

   Gather supporting evidence: medical records, witness statements and financial documentation (for conservatorships). Plan to explain why less restrictive alternatives won’t suffice.

7. Attend the Hearing

   At the hearing, the judge reviews the petition, visitor’s report and testimony. The proposed ward has the right to be present, to contest the petition and to hire counsel.

8. Receive Letters of Appointment

   If the court finds incapacity and necessity, it issues letters of guardianship and/or conservatorship. These grant authority over personal or financial matters as specified.

9. Fulfill Ongoing Duties

   Guardians must report annually on the ward’s status and living conditions. Conservators must file annual accountings of all receipts and disbursements. See ORS 125.340 (125.340).

Helpful Hints

• Start early: court procedures and waiting periods can extend over several months.
• Use the Oregon Judicial Department’s self-help center for forms and instructions: courts.oregon.gov/help.
• Consider a limited or temporary guardianship if full authority isn’t necessary.
• Keep meticulous records of all decisions, expenses and communications.
• Engage medical experts experienced in capacity evaluations.