Oregon Conservatorship Checklist - Adults
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FAQ
How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.
Under U.S. law, conservatorship is the appointment of a guardian or a protector by a judge to manage the financial affairs and/or daily life of another person due to old age or physical or mental limitations. A person under conservatorship is a "conservatee", a term that can refer to an adult.
Establishing and funding a revocable living trust is a simple way to avoid a court-supervised conservatorship if you should become mentally incapacitated. You can nominate someone now to take care of your personal affairs later, rather than rely on a court to select someone you might not want to act on your behalf.
Someoneusually a family memberfiles a petition with the court to become the conservator for an individual. The petition will state that the individual in question is unable to manage his or her income and property without assistanceand without management assets will be wasted or dissipated.
File a Petition For Conservatorship with the court: File a Confidential Supplemental Information Form: File a Confidential Conservatorship Screening Form: File a Duties of Conservator Form: Serve Notice on the Conservatee: Provide Notice to the Conservatee's Relatives:
Temporary Conservatorships A temporary conservator is usually appointed for a fixed time period, usually 30 to 60 days.
Get a capacity assessment. Have a professional assess whether the adult can make decisions on their own. Fill out the application forms. If you want to apply for guardianship. Submit your application package.
Guardianship also can be required when a person with Alzheimer's or dementia is no longer able to legally sign power of attorney documents due to mental incapacitation. Guardianship gives you the legal right to make decisions for a parent or loved one with Alzheimer's or dementia.
