Adult Guardianship

An adult guardianship is when a person is appointed by the Court to make medical and placement decisions for someone who is no longer capable of handling his or her own affairs due to incapacity. Once appointed, the guardian will have the power to decide where the protected person lives, to make arrangements for the protected person’s care and safety, and to make health care decisions. The guardian is required to file a report with the court every year with information about where the protected person lives, the services that the protected person receives, and his or her physical and mental condition.

Minor Guardianship

A Guardianship for a minor is when the parents of the child are not able to care for the child’s basic needs. For example, parents who are seriously ill, in jail, drug addicted or disabled in some way. The guardian is usually another family member or someone who has a close relationship with the child. Once appointed, the guardian of a minor has all the powers and responsibilities of a parent who has legal custody of a child.

Temporary Guardian Statutes

Oregon Revised Statute 109.056 allows the legal guardian of a child to delegate to another person any of the powers of the parent or guardian has regarding the care, custody or property of the minor child, except for the power to consent to marriage or adoption of the child for a period not exceeding six months. Any active service member may delegate his or her powers to another person for the term of active military service plus 30 days.

Conservatorships

A conservatorship is when a person is appointed by the Court to manage the finances and assets for someone who is not capable of doing so on their own. This could be a minor child or an adult who unable to do so. Once appointed, the Conservator is in charge of managing the income and assets, and is responsible for paying all expenses. The conservator is required to get specific permission from the court before doing certain things with the protected person’s money and property and each year the Conservator is required to file an Annual Accounting with the court that lists all of the income received and the expenses paid during the past year.