Guardianships Attorney in Albany, Oregon

Some family members – including children and disabled adults – often need assistance taking care of themselves and managing their assets and financial affairs. In Oregon, the court may appoint a competent adult to make decisions regarding the health care and personal matters of a minor child or an incapacitated adult.  

If you want to appoint a guardian or if you've already been appointed a guardian and want to know your roles and responsibilities, consulting with a well-informed Oregon estate planning attorney is imperative for clear guidance. At Felling & Reid, LLC, we enjoy providing educated legal counsel and competent advocacy to clients in estate planning and guardianship-related matters.  

In addition, we can inform you about the various types of guardianships, as well as your rights, expected duties, responsibilities, and limitations. Our seasoned attorneys will direct you through the steps involved in establishing legal guardianship in Oregon and help you perform your roles diligently and brilliantly.  

Felling & Reid, LLC is proud to serve clients across Albany, Oregon, and surrounding areas throughout Marion, Polk, Benton, Lincoln, and Linn counties.

Understanding

Guardianship in Oregon 

Guardianship is a court-ordered arrangement whereby the judge appoints a person to make decisions about the health care, placement, and personal matters of another person, usually a minor child or an adult who is incapacitated. Recent statistics from the American Association of Retired Persons (AARP) indicate that approximately 1.5 million adults in the United States are under guardianship. 

Under Oregon law, a person is said to be "incapacitated" if he or she cannot communicate or make the necessary decisions to cater to their basic physical health or safety. The person appointed by the court is referred to as the guardian. Likewise, the incapacitated adult or child whom the guardian is appointed to care for is the protected person. 

For instance, an adult child may be appointed as a guardian over their incapacitated or mentally ill parent. Similarly, a guardian may be appointed for a minor child if one or both parents: 

• Have a physical or mental illness. 

• Have a history of physical, sexual, or emotional abuse. 

• Are imprisoned. 

• Are in the military and deployed. 

• Are in rehab or have alcoholism or drug abuse issues. 

An accomplished attorney can describe who can be a guardian and direct you through the Oregon guardianship process. 

Who Can Be a Guardian?  

To be a guardian in Oregon, you must: 

• Be 18 years or older. 

• Be a resident of the state of Oregon. 

• Have no criminal record. 

• Be of sound health and mind. 

Once appointed, the guardian will be responsible for caring for the protected person and making decisions about their medical care, housing, and personal affairs. 

The Role of a Guardian 

If you have been appointed a guardian in Oregon, here are some of your roles and responsibilities – Oregon Revised Statutes Section 125.315: 

• The guardian has custody of the protected person. 

• The guardian will determine where the protected person will live. 

• The guardian will provide for the care, comfort, and maintenance of the protected person. 

• The guardian will organize for training and education of the protected person. 

• The guardian will take reasonable care of the protected person's clothing, furniture pieces, and other personal matters. 

• If the protected person is a minor child, the guardian will have the powers and responsibilities of the custodial parent. 

• The guardian will promote the self-determination of the protected person and encourage them to participate in decision-making. 

• The guardian will manage the protected person's personal affairs or act on their behalf. 

• The guardian will file an annual report about the protected person's condition with the Oregon court. 

What Can't A Guardian Do? 

However, guardianship in Oregon is generally concerned about the health, medical care, housing, personal affairs, and other non-financial decisions of the protected person. Under Oregon law, a guardian cannot manage the protected person's finances, income, assets, or property. Only a conservator will have the legal authority and power to make financial, estate, and investment decisions for the protected person in Oregon. 

Types of Guardianships 

There are three types of guardianship in Oregon. These include: 

Temporary Guardianship 

Temporary guardianship is often obtained if there is an emergency need for a guardian. It only lasts for 30 days. However, temporary guardianship can be extended by another 30 days based on the court's permission. 

Standard Guardianship 

In Oregon, standard guardianship is available for as long as the protected person needs a guardian to care for and make decisions on their behalf. The legal guardian must file annual reports to the court. 

Limited Guardianship 

According to Oregon Revised Statutes Section 125.650 (4), the court may appoint a guardian whose authority is limited to a specified time, and power is limited to certain duties. Once the time has elapsed or the activity has been performed, limited guardianship will end. 

An experienced Oregon guardianship attorney can determine the right guardianship for your loved one and guide you through the process of establishing one. 

Discover Your Options 

Guardianship plays a huge role in the lives of incapacitated adults and children who can't take care of themselves or manage their personal affairs. However, understanding your roles, rights, responsibilities, and limitations is crucial before you start acting as the guardian of a protected person. Therefore, once appointed as a guardian, it is imperative that you reach out to a dependable estate planning attorney for sound advice and to help you navigate vital decisions. 

At Felling & Reid, LLC, we have the comprehension to advise clients through the challenges involved in establishing legal guardianship in Oregon. Our reliable legal team will inform you about your responsibilities and limitations as a guardian. Above all, we can ensure any decision you make is in the protected person's best interest.