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Guiding Oregon And Washington Families Through The Guardianship Process

If you or someone you love becomes incapacitated and are no longer to manage personal needs and health care, decisions will be made for you by someone else. If you have not appointed a decision maker, Oregon law provides for an Oregon Guardianship where a guardian is appointed by the court after careful consideration and investigation of the proposed guardian.

In some situations, such as a physician's order that you be held in a psychiatric unit, a guardian may have to be appointed even if you have named someone in your Advance Directive. An attorney will usually recommend a guardian when there is incapacity and destructive behavior. The Advance Directive does not usually work in such a situation because it does not cover mental health situations.

A guardian does not have a financial responsibility, but instead looks out for your person. A guardian makes decisions about issues such as where you should live, and also makes sure you have proper nutrition and medical care, and is often a family member who files a petition with the court to become your guardian. The court will consider whether this person is the best person to fill this role.

If the court decides someone else would be better suited, it may appoint a disinterested third party to serve as the guardian. There are persons who make their livelihoods by working as professional guardians, just as there are persons who work as professional conservators.

Helping You Voice Your Opinion

If you wish to have a voice of who the court appoints as guardian, you should nominate persons in order of preference in your Advance Directive or Last Will. The court usually honors these nominations, if possible and safe for you.

Call Case & Dusterhoff, LLP, in Beaverton at 503-607-8218 or from any location in Oregon toll free at 800-658-0167. You may also complete a brief online form. We provide assistance to clients throughout the state.

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