Adult Guardianship is an important legal tool that can be used to help adults living with disabilities enjoy a safe and healthy life. When a person is unable to provide for their own care without risk of serious physical injury or illness, and no less restrictive alternative is available, the court will consider appointing a guardian. Under Oregon law a person who has a guardian appointed is referred to as a protected person. A guardian is responsible for providing for the care, comfort and maintenance of the protected person. While guardians may make many important decisions on behalf of the protected person, the law requires guardians to promote the self-determination of the protected person and encourage the protected person to participate in decision making to the fullest extent practical.
The Process
The process for appointing a guardian begins with a petition for guardianship. The petition must be served on the appropriate parties and filed with the proper court. The court will require that a court visitor meet with the protected person and any relevant contacts, such as doctors, therapists or healthcare aids, and write a report to the court informing the court of the extent of the protected person’s disability. A hearing is not always needed before appointing a guardian, but a court may determine a hearing is necessary in certain circumstances. If the court determines that a guardianship is appropriate, it will issue letters of guardianship to the guardian informing them of their appointment. After receiving the letters of guardianship, many counties in Oregon require a guardian to watch an online video explaining the duties of guardians.
Ongoing Duties
Adult Guardianship is overseen by the court for the duration of the guardianship and the court may require a visit by an officer of the court at any time to ensure that the guardianship is working properly. The court may also order a hearing. The guardian has an ongoing duty to submit annual reports to the court and to notify the court if the protected person moves.
Guardians Handling Money
Guardians may handle small amounts of money for the protected person and help them pay for necessities. If the protected person has a large amount of money that needs to be managed, a conservatorship may be needed in addition to a guardianship. A conservatorship has different requirements than a guardianship. In many situations the person acting as guardian will also be appointed conservator, but in some situations it may be preferable to have one person manage the care decisions for the protected person and a different person manage their finances. There are special rules about using the protected person’s funds to pay for certain services and some expenses require prior approval of the court.
Guardianship can help a protected person lead a safe and fulfilling life. If guardianship is something you are considering, please call Bott & Foster LLC today to schedule a consultation. We’re here to help!
Nothing on this website constitutes legal advice or creates an attorney client relationship. The information contained on this website is not applicable to all situations and/or jurisdictions. This website contains no express or implied promises/warranties.