Detailed Answer
Short answer: No. In Oregon, being appointed guardian of the person does not automatically make you the guardian of the estate. Authority over personal decisions (care, health, living arrangements) and authority over money and property are separate roles under Oregon law. To control and manage another person’s assets you generally need a separate court appointment as a conservator (the term Oregon uses for someone appointed to manage an incapacitated person’s finances).
What each role covers
- Guardian of the person: Makes decisions about where the person lives, medical care, personal services, education and day-to-day care.
- Conservator (guardian of the estate): Manages money and property, pays bills, files required accountings with the court, and protects assets for the benefit of the protected person.
These roles and procedures are governed by Oregon’s guardianship and conservatorship statutes. See ORS chapter 125 for the statutory framework: ORS chapter 125 (Guardianship and Conservatorship).
Why the court separates the roles
Keeping personal-care authority separate from financial authority protects the person’s rights and reduces the risk of financial abuse. A court determines each appointment based on the person’s needs, risk to the person, and the proposed fiduciary’s suitability.
How to get authority over the estate if you already are guardian of the person
- File a separate petition in probate court asking to be appointed conservator (guardian of the estate). The petition must state why the conservatorship is necessary and describe the person’s property and income.
- Provide notice to the proposed protected person and interested parties as required by statute and court rules.
- The court will evaluate evidence of incapacity or need to manage property. The court may require medical or other evaluations and may appoint a court visitor or guardian ad litem.
- If the court grants the petition, it issues letters of conservatorship or an order defining the conservator’s powers and duties. These powers can be broad or limited depending on the court’s findings.
Key duties and limits of a conservator
- Inventory and safeguard assets.
- Use assets only for the protected person’s benefit.
- Keep detailed records and usually file periodic accountings with the court.
- Avoid conflicts of interest and follow any special instructions from the court.
Those duties and the court’s oversight are described in the statutes and court rules governing conservatorships. See ORS chapter 125 for details: https://www.oregonlegislature.gov/bills_laws/ors/ors125.html.
Alternatives to a conservatorship
A conservatorship is not the only way to manage another person’s finances. If the person has capacity to appoint someone, consider these alternatives first:
- Durable power of attorney for finances (signed while the person still has capacity).
- Joint bank accounts or payable-on-death designations (used carefully; can have unintended consequences).
- Representative payee for Social Security or other public benefits.
Helpful Hints
- Do not assume financial authority: ask the court for explicit conservatorship powers if you need to manage money or property.
- Talk with an attorney experienced in Oregon guardianship/conservatorship law before filing. Courts expect petitions and accountings to follow statutory form and procedure.
- Gather documentation of the person’s assets, income, and bills before filing a conservatorship petition.
- Be prepared to show less-restrictive alternatives were considered (powers of attorney, representative payee, or limited arrangements).
- Expect the court to require regular accountings and to supervise conservators to prevent misuse of funds.
- If urgency exists (imminent risk of loss), ask the court about temporary or emergency orders—but courts require facts showing immediate need.
- Keep clear, contemporaneous records of all transactions and decisions made on behalf of the protected person.
Where to find the law: Oregon’s statutory rules on guardianship and conservatorship are in ORS chapter 125: https://www.oregonlegislature.gov/bills_laws/ors/ors125.html.
Next steps: If you think a conservatorship may be needed, consult a probate/elder-law attorney or the court clerk about filing procedures in the county where the person lives.
Disclaimer: This is general information, not legal advice. For advice about a specific situation, consult a licensed attorney in Oregon.