Oregon Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

General Powers and Duties of a Guardian The guardian shall provide for the care, comfort and maintenance of the protected person and, whenever appropriate, shall arrange for training and education of the protected person.

There are three kinds of guardianships. In an emergency, one can seek what is called a ?Temporary Guardianship.? These temporary guardianships can sometimes be obtained on an expedited basis.

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 ...

Ing to the law, you are considered incapacitated if you cannot make decisions well enough to get health care, food, shelter, and other care necessary to avoid serious physical injury or illness and, therefore, need continuing care and supervision.

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

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.

Chapter 125 of the Oregon Revised Statutes governs guardianships and outlines those responsibilities. A guardian must: Promptly report to the Court any change of the guardian's name, residence, or mailing address. Follow the laws about being a guardian (see Chapter 125).

In Oregon, we use the term ?guardianship? to refer to decisions made by a guardian about another person's welfare, medical care, residence, and associations. We use the term ?conservatorship? to refer to decisions made by a conservator about another person's finances, their property and income.

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Oregon Conservatorship Questionnaire