Adult Guardianship Attorney in Portland, Oregon

Understanding adult guardianship can be a challenging and emotional process for families. Whether you’re seeking to protect the interests of an elderly relative or an adult with special needs, understanding how adult guardianship works in Oregon is essential.

Fortunately, you don’t need to take on this responsibility alone. If you’re looking for reliable legal assistance, Mastanduno Law Group can help you if you’re seeking legal assistance with adult guardianship in Gresham, Beaverton, Troutdale, Oregon City, Clackamas, Multnomah County, Clackamas County, Washington County, or Portland, Oregon.

What Is Adult Guardianship?

Adult guardianship is a legal process in which a court appoints an individual or entity to make decisions on behalf of an adult who is unable to make decisions for themselves. These decisions may relate to personal, medical, or financial matters. 

In Oregon, guardianship is typically sought when an adult is incapacitated due to age, illness, injury, or disability, making them unable to manage their own affairs.

Guardianship is a serious legal responsibility and should only be pursued when less restrictive alternatives, such as powers of attorney or conservatorships, aren’t sufficient to protect the individual’s well-being.

The Different Types of Adult Guardianship

In Oregon, there are different types of guardianship depending on the needs of the person under guardianship (referred to as the “protected person”). These include:

1. Full Guardianship

Full guardianship grants the guardian complete control over the protected person’s personal, medical, and financial decisions. This type of guardianship is often necessary when the person is entirely incapacitated and unable to make any decisions on their own.

2. Limited Guardianship

Limited guardianship restricts the guardian’s authority to specific areas, such as medical decisions or financial management. This allows the protected person to maintain some level of autonomy while receiving support in areas where they’re unable to make informed decisions.

3. Temporary Guardianship

Temporary guardianship is an emergency measure used when a person is in immediate danger and requires urgent intervention. This type of guardianship is typically granted for a limited period of time, usually up to 30 days, and may be extended if necessary.

Who Can Be Appointed as a Guardian?

In Oregon, any competent adult can serve as a guardian, including family members, friends, or professional guardians. The court will consider the best interests of the protected person when appointing a guardian, taking into account factors such as:

• The relationship between the proposed guardian and the protected person

• The guardian’s ability to meet the protected person’s needs

• The protected person’s preferences (if they’re able to express them)

In some cases, a professional guardian may be appointed if no suitable family member or friend is available or willing to take on the responsibility. Professional guardians are individuals or organizations that are experienced in providing guardianship services.

The Legal Process of Establishing Adult Guardianship in Oregon

The process of obtaining adult guardianship in Oregon involves several steps, each of which requires careful attention to detail. A family law and estate planning attorney may provide guidance throughout this process so that all legal requirements are met.

1. Filing a Petition

The first step in establishing adult guardianship is to file a petition with the appropriate court. The petition must include detailed information about the protected person, including their incapacity, the proposed guardian, and the specific type of guardianship being sought. 

Supporting documentation, such as medical reports, may be required to demonstrate the need for guardianship.

2. Notice of Petition

Once the petition has been filed, notice must be given to the protected person and certain other interested parties, such as family members or other legal representatives. This allows these parties to participate in the guardianship process and voice any objections they may have.

3. Investigation and Evaluation

In some cases, the court may appoint an investigator to evaluate the situation and determine whether guardianship is necessary. The investigator will conduct interviews with the protected person, the proposed guardian, and other relevant parties to assess the need for guardianship.

4. Court Hearing

A court hearing will be scheduled to review the petition and the investigator’s findings (if applicable). At the hearing, the judge will consider all evidence presented, including testimony from the protected person, the proposed guardian, and other interested parties. The judge will then make a decision regarding the appointment of a guardian.

5. Appointment of Guardian

If the court determines that guardianship is necessary, it will issue an order appointing the guardian and specifying the scope of the guardian’s authority. The guardian will be required to take an oath of office, affirming their commitment to acting in the best interests of the protected person.

Responsibilities of a Guardian

Being a guardian is a significant responsibility, as the guardian is legally obligated to act in the best interests of the protected person. The specific duties of a guardian depend on the type of guardianship granted, but generally include:

• Personal care decisions: Guardians are responsible for making decisions about the protected person’s daily living arrangements, including where they’ll live and what care they’ll receive.

• Medical decisions: Guardians may be tasked with making decisions regarding the protected person’s medical care, including approving treatments, medications, and surgeries.

• Financial management: If the guardian controls the protected person’s finances, they must pay bills, manage investments, and protect the person’s assets.

• Reporting to the court: Guardians must submit regular reports to the court, detailing the protected person’s condition and how the guardian has managed their affairs.

Failure to fulfill these responsibilities can result in legal consequences for the guardian, including removal from their position.

Alternatives to Guardianship

While guardianship is sometimes necessary, it’s often viewed as a last resort due to the significant impact it has on the protected person’s autonomy. In some cases, less restrictive alternatives may be available to provide the necessary support while allowing the person to retain more control over their own life. Some alternatives to guardianship include:

• Powers of attorney: A durable power of attorney allows an individual to designate someone to make decisions on their behalf if they become incapacitated. This can include decisions related to healthcare, finances, or other matters.

• Conservatorship: A conservatorship is similar to guardianship but is limited to managing financial affairs. It doesn’t grant authority over personal or medical decisions.

• Supported decision-making: Supported decision-making is an arrangement in which the individual retains decision-making authority but receives assistance from a trusted person.

How a Family Law and Estate Planning Lawyer Can Help

Understanding the legal requirements of adult guardianship can be overwhelming, especially during an emotionally challenging time. Reliable attorneys may provide valuable guidance and support throughout the process, helping you make informed decisions about the right course of action for your loved one.

Some of the ways an attorney may assist include:

• Petition preparation: An attorney may help you prepare and file the necessary paperwork so that all legal requirements are met and that the petition is presented in a clear and compelling manner.

• Court representation: If a court hearing is required, your attorney may represent your interests and advocate for a good outcome for your loved one.

• Alternatives to guardianship: If guardianship isn’t the best option, an attorney can help you explore alternatives such as powers of attorney, conservatorships, or supported decision-making arrangements.

• Ongoing support: Once guardianship has been established, an attorney may provide ongoing support, helping you fulfill your duties as a guardian and comply with all legal obligations.