Oregon Sample Letter regarding Petition to Appoint New Conservator
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How to fill out Sample Letter Regarding Petition To Appoint New Conservator?
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FAQ
If a Durable Guardianship is established, a parent with legal standing can request that the guardianship be vacated and the child returned to the parent's care. A parent does not have this right in a Permanent Guardianship.
You usually have to go to the courthouse to give your objections in person, or turn in your written answer to the court within 15 days of getting the court papers (20 days if interstate issues are involved). You have a right to go to the hearing to tell the judge why a guardian should not be appointed.
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.
Under Oregon law, guardians have the right to decide where the child lives, either in or out of Oregon, unless the order of appointment says they can't. Guardians have all the rights and responsibilities that a parent would, including agreeing to the marriage or adoption of the child.
In some cases, a court may determine that it is in the best interests of the individual to appoint a disinterested third party. To begin the legal process of appointing a conservator, a petition must be filed with the court specifying why the individual should be declared a protected person.
In an emergency, a judge can appoint a temporary guardian, a temporary conservator or both. A judge may order action be taken on behalf of an adult without appointment of a guardian or conservator. This is called a protective order. Any adult can file a petition in court to have a guardian appointed for another person.
The appointment can only be for a specific purpose and a specific time period (not more than 30 days). The court can extend the temporary guardianship for an additional 30 days. Will I be notified that someone has petitioned the court to become my guardian?
Oregon law requires that a guardianship ?be designed to encourage the development of maximum self-reliance and independence of the protected person.? Oregon law also requires that ?a protected person retains all legal and civil rights provided by law except those that have been expressly limited by court order or ...
