Guardianship Lawyers in Portland, Oregon

Guardianship is a useful legal tool for protecting the well-being and interests of loved ones who can't take care of themselves. However, the decision to establish guardianship over a family member can be an emotional and challenging one. Mastanduno Law Group can provide steady assistance in these situations. 

If you and your family are considering setting up guardianship, the attorneys at Mastanduno Law Group are here to guide you through every step of the legal process with empathy, dedication, and complete transparency. 

What Is Guardianship? 

In family law, guardianship is a legal relationship in which a court-appointed guardian makes decisions for another person, usually referred to as the "ward."  

This arrangement is typically necessary when an individual is unable to manage their affairs due to age, disability, or incapacity. The guardian is given the authority to make decisions related to the ward’s personal and financial matters, ensuring their safety and well-being. 

The court's decision to appoint a guardian is based on the best interests of the ward, ensuring they receive appropriate care and protection. Guardianship can cover various aspects, including healthcare decisions, financial management, living arrangements, and educational needs, depending on the ward's specific circumstances and requirements. 

Why Might Guardianship Be Necessary? 

There are several situations where guardianship may be appropriate, including: 

Elderly Individuals 

When aging adults can no longer manage their healthcare, finances, or daily activities, a guardian can be appointed to ensure they receive proper care. 

Minors 

In cases where parents are unavailable or unable to care for their children, a guardian can provide stability and support until the parents can take over again or the child reaches adulthood. 

Disabled Adults 

Individuals with physical or mental disabilities may require a guardian to help manage their affairs and ensure their needs are met. 

Incapacitated Individuals 

After a serious injury or illness, a person may become temporarily or permanently incapacitated, requiring a guardian to manage their personal and financial affairs. 

Substance Abuse 

Individuals struggling with severe substance abuse may be unable to make sound decisions concerning their health and finances. A guardian can provide the necessary support and oversight to ensure their safety and well-being during recovery. 

Mental Health Crisis 

During an acute mental health crisis, an individual may not be able to make rational decisions for their personal care or manage their finances. A guardian can step in to provide stability and ensure their immediate needs are addressed until they can regain their autonomy. 

The Guardianship Process 

Understanding the guardianship process can help reduce the anxiety often associated with these legal proceedings. 

Here's a brief overview of what to expect: 

Step 1: Filing a Petition 

The process begins with filing a petition in court. A petition outlines why guardianship is necessary and states the proposed guardian’s qualifications. 

Step 2: Court Investigation 

The court will investigate to determine the necessity of the guardianship and evaluate the suitability of the proposed guardian. This may include interviews, background checks, and medical evaluations of the ward. 

Step 3: Hearing 

A hearing will be scheduled where evidence is presented, and all interested parties can express their opinions. The judge will consider all information before making a decision. 

Step 4: Appointment of Guardian 

If the judge determines that guardianship is warranted, they will issue an order appointing the guardian and outlining their responsibilities and powers. 

Step 5: Ongoing Oversight 

Guardians are required to provide regular reports to the court, detailing the ward’s condition and how their affairs are being managed. The court maintains oversight to ensure the guardian is fulfilling their duties appropriately. 

Guardianship Laws in Oregon 

Guardianship laws in Oregon are governed by Oregon Revised Statutes (ORS) Chapter 125.  

Here are a few key provisions: 

Types of Guardianship 

Oregon law allows for different types of guardianship, including full, limited, and temporary guardianships, each with varying levels of authority and duration. 

Notification Requirements 

Petitioners must notify certain family members, the proposed ward, and other interested parties about the guardianship proceedings. This ensures all relevant people are informed and can participate in the process. 

Guardian’s Duties 

Oregon law outlines specific duties for guardians, including providing for the ward’s health, safety, and welfare, managing their finances responsibly, and making decisions that reflect the ward’s best interests. 

Annual Reporting 

Guardians are required to submit annual reports to the court, detailing the ward’s status and how their affairs are being managed. This oversight ensures guardians are acting in the ward’s best interests.