What are guardianships and conservatorships in Oregon, and when are they necessary?

Protecting minors and incapacitated adults in Oregon? There are legal channels to follow that can get people the protection they need. To help you better understand these legal tools, this Oregon Guardianships and Conservatorships FAQ has some answers to common questions.

What is a guardianship or a conservatorship?

Guardianships and conservatorships come down to 2 main types of necessary legal protection for people in Bend, Deschutes County, and throughout Oregon. According to the Oregon Judicial Branch’s Family Law Program:

• “A guardian is someone who is appointed by a court to protect and care for the health and well-being of an incapacitated person, or a minor child. A petition must be filed with the appropriate court, and notice given to all interested persons. The process may be complicated, so you are advised to consult with an attorney.”
• “A conservator is a fiduciary who is appointed by a court to protect and conserve the assets of an incapacitated person, or a minor child. The process is similar to the appointment of a guardian.”

Are conservatorship and guardianship cases filed in federal or state court?

Filing for a guardianship or conservatorship ship typically is filed in the county court where the incapacitated adult or minor child resides.

How do I file for a guardianship or conservatorship in Oregon?

Typically in Oregon, filing for a guardianship or conservatorship happens in the Oregon county in which the minor child or incapacitated adult resides.

Guardianship or conservatorship may be applied for in any relevant Oregon county, including: Baker, Benton, Clackamas, Clatsop, Columbia, Coos, Crook, Curry, Deschutes, Douglas, Gilliam, Grant, Harney, Hood River, Jackson, Jefferson, Josephine, Klamath, Lake, Lane, Lincoln, Linn, Malheur, Marion, Morrow, Multnomah, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, Washington, Wheeler, and Yamhill.

For cities, towns, or other areas, filing for the guardianship or conservatorship still is done for the county in which the incapacitated adult or minor child resides. That’s the case in Oregon cities such as but not limited to Portland, Eugene, Springfield, Bend, Ashland, Medford, Cannon Beach, Pendleton, Astoria, Roseburg, Coos Bay, Bandon, Prineville, and Salem.

What forms do I need to file for a conservatorship or guardianship in Oregon?

There is no set, statewide, consistent form used to file for a conservatorship or guardianship in Oregon. Some courts have a form available. An attorney can advise on the process for filing with the court, including any relevant forms.

When filing for a guardianship of a minor child, which parent needs to be notified?

Each biological parent and/or legal guardian must be served when filing for a guardianship of a minor child, regardless of the parent’s involvement, support, or lack thereof in Oregon.

Can I file for a guardianship or a conservatorship in Deschutes County?

If the minor child or incapacitated adult resides in Deschutes County, you can file in court in Deschutes County.

In the case of a conservatorship, if the incapacitated adult resides in a different state but has property in Deschutes County, then a conservatorship filing can be made in Deschutes County.

Will I need a lawyer?

Along with a conservatorship, Oregon legally recognizes multiple types of guardianship. These have specific requirements, and working with an attorney can help you navigate the legal process.

Working with an attorney and the court in Oregon, such as in Bend and Deschutes County or any other Oregon county or locality, can help a minor child or incapacitated adult get the legal protection they need.

What powers does a conservator have in Oregon?

Oregon statute states that a conservator powers in Oregon such as:

• expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the protected person and the dependents of the protected person
• reimburse any person, including the protected person, who has expended funds for the purposes specified in this section.

An attorney can advise on the powers, constraints, and responsibilities conservators have under Oregon law.

In Oregon, can a doctor declare someone incompetent and therefore make them subject to a conservatorship?

In order for a court to place someone under the protection of a conservatorship, the court must make a legal determination, irrespective of any medical or other designations.

Guardianships and conservatorships can be complicated, but help is available

Ready to discuss your situation?

Image by Gaertringen from Pixabay