Bend Guardianship Lawyers
Exploring Solutions to Help Your Loved One
In Oregon, the court will appoint a person or third-party fiduciary to serve as a person's guardian when that person has been determined to be legally incapacitated. Incapacitated means that an individual is unable to process information effectively and make decisions that will protect their health and safety. The court may appoint a guardian for an adult or child, and the individual in question is called a "protected person." The guardian is responsible for managing the physical and health care needs of the protected person. The process for being appointed a guardian can be complicated and is best handled with the help of a skilled attorney.
If you are seeking to be appointed your loved one's guardian, contact Baxter Harder, LLC today. We'll go through each step of the process with you to help you understand what's required to petition for guardianship and what information the court considers when determining whether or not an individual needs a guardian and who would be best appointed in this role. Our Bend attorneys understand the importance of having your loved one's needs taken care of effectively, and we will work diligently toward helping you meet your goals.
To learn more about guardianship and your legal options, call us at (541) 238-9210 today.
How Is a Guardian Appointed?
The guardianship process begins by filing a petition with the court. If you're seeking to become a guardian, you must include in your petition why the individual in question needs someone to look after their health and well-being and the information you have that supports your claims.
A copy of your petition must be served to the person in question, as well as any other interested party. Anyone can object to the guardianship.
Before appointing a guardian, the court will hold a hearing, where you and other interested persons may testify and provide evidence to support your claim that your loved one needs a guardian. The judge will consider all the facts to determine whether the individual is legally incapacitated and whether you would be the best person to serve in this role. In emergencies, the court may appoint a temporary guardian for up to 30 days.
What Are the Duties of a Guardian?
After the court appoints a guardian, that individual is responsible for making decisions about the protected person's health and wellness. Depending on the needs of the protected person, the guardian's duties may vary. The court's judgment will outline what decision-making authority the guardian has.
Every year, the guardian must provide an account to the court that details the actions they took on behalf of the protected person.
What's the Difference Between a Guardianship and a Conservatorship?
The terms guardianship and conservatorship and sometimes used interchangeably, but they are actually different legal vehicles for caring for a person who is unable to do so themselves. A guardian is someone who takes care of the protected person's well-being, making decisions about things such as the type of health care they should receive or where they should live. A conservator is someone who manages the protected person's finances. In some cases, a guardian and conservator are different people; in others, they're the same person.
Compassionate Legal Guidance
If your loved one needs a guardian to make decisions concerning their health and well-being, our Bend lawyers can guide you through the guardianship process. We'll help you complete the petition, prepare for the hearing, and understand your legal duties.
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