The appointment of a guardian or conservator is generally a judicial function, brought about by following the procedure set forth in the statutory law of the particular jurisdiction. This form is a generic example that may be referred to when preparing such a form for your particular state.
Oregon Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs
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How to fill out Petition For Appointment Of Conservator Or Legal Guardian Of Person And Estate Of Adult Who Physical Or Mental Infirmity Or Age, Is Unable To Handle Affairs?
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FAQ
A guardian for an adult is appointed in a ?protective proceeding? after a case is opened by filing a petition in the county where the incapacitated person lives. The petition must contain facts to support the need for a guardian and establish why the proposed guardian is suitable for the role.
Your representative payee's authority is limited to matters between you and us. A power of attorney does not give someone authority to act as your representative payee. A representative payee has no authority to enter into any binding contracts on your behalf.
What is the difference between a guardian and a representative payee? A guardian is appointed by a court to manage an individual's personal and legal affairs, while a representative payee is appointed by the SSA to manage their Social Security benefits.
Defining Guardians & Conservators Once appointed, the Guardian directs medical care, makes placement decisions, and files an Annual Guardian's Report with the Court. A Conservator is a person appointed by the Court to manage the finances and assets of a loved one who is no longer able to administer his or her property.
What is a Representative Payee? A representative payee is a person or an organization. We appoint a payee to receive the Social Security or SSI benefits for anyone who can't manage or direct the management of his or her benefits. .
A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the dependents of the protected person, other persons who are members of the protected person's household who are unable to support themselves and who ...
Legal guardians may have access to the records of the individuals they represent. A representative payee does not have the same access rights as a legal guardian, but has access only to information that is necessary to discharge the duties of a payee.
A representative payee applicant may not serve if he/she: (a) Has been convicted of a violation under section 208, 811 or 1632 of the Social Security Act. (b) Has been convicted of an offense resulting in imprisonment for more than 1 year.