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Oregon Motion to Continue Hearing on Objection to Temporary Guardianship Pending Order to Terminate Guardianship and Discharging Fiduciary

State:
Oregon
Control #:
OR-HJ-087-06
Format:
PDF
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A17 Motion to Continue Hearing on Objection to Temporary Guardianship Pending Order to Terminate Guardianship and Discharging Fiduciary

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FAQ

The guardian is responsible for deciding where the ward's liquid assets will be held and who will be responsible for overseeing the investments. If the ward owns any real estate, the guardian is responsible for paying all of the bills for maintaining the property such as taxes, mortgages and insurance.

Under certain circumstances, a Guardian may be personally liable for improper distributions, and may be compelled by a Court to make a distribution at the Ward's or Interested Person's request.

The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian.

The duties of a guardian, generally speaking, are to oversee the welfare and safety of the person under guardianship, and to attend to the financial needs of the individual, using his or her assets wisely. A guardian has a legal duty, called a "fiduciary duty", to act in the best interests of the individual.

When a guardian is no longer willing or able to fulfill the duties of a guardian, they must contact or petition the Court to request a hearing for the Court to terminate the guardianship.

A legal guardian is someone who has the legal authority to take care of a child should anything happen to the parents. Guardians are responsible for taking all parental decisions and can also be responsible for managing a child's property and inheritance.

A guardian is responsible for an elder or minor ward's personal care, providing them with a place to live, and with ensuring their medical needs are met. Guardians make sure that their ward has a place to live, such as the guardian's home, with a caretaker, or in an assisted living or full care facility.

A guardian is also prohibited from making gifts from the ward's estate. Generally, a guardian cannot tie up the ward's money by purchasing real estate, but can lend the money to someone else buying real estate if the property is sufficient security for the loan.

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Oregon Motion to Continue Hearing on Objection to Temporary Guardianship Pending Order to Terminate Guardianship and Discharging Fiduciary