Praying in Hospital

Section 125.005 of the Oregon Revised Statutes governs guardianships in the State of Oregon. A person can become physically incapacitated. He or she might place himself, herself or others at risk due to an inability to evaluate or communicate decisions. If serious physical injury or illness is likely to occur, a guardianship for that person can be sought in probate court. That guardianship permits the court appointed guardian to make personal decisions involving the incapacitated person like where he or she will live, or how their medical or dental needs might be attended to.

Temporary guardianship

Sometimes guardianship is only sought for a limited period of time. That’s when a petition for temporary guardianship is filed, but temporary guardianships are limited to very short durations. A temporary guardianship can’t last for more than 30 days, and it can only be extended for another 30 days by court order.

Standard Oregon guardianship

A standard guardianship in Oregon lasts for as long as the incapacitated person needs somebody to make decisions on his or her behalf. Guardianship’s duties are fiduciary in nature, so the utmost care and honesty are expected of the guardian. The court will appoint an independent person who is most likely an attorney to interview the incapacitated person, and that individual will report his or her findings and opinions to the court. Any changes of address must be promptly reported to the court, and if living expenses are sought from the incapacitated person’s funds, court approval is required. Unless the guardian obtains an order for an extension of time from the probate court, the law requires an annual guardian’s report to be filed every year within 30 days of the date of the anniversary of the guardian’s appointment.

Placement in a residential facility

Before placing the incapacitated person in a residential facility, the guardian must file a statement of intent to do so with the court. He or she must also give notice to the incapacitated person and other people designated by statute, so that they have timely notice to object to placement. Guardianship’s duties and benefits can be terminated if proper notice isn’t given.

The Barbur Law Office is located in Milwaukie Oregon, and we maintain an extensive probate and guardianship practice. If a member of your family or somebody close to you has been rendered physically incapacitated and presents a danger to himself, herself or others, contact us here in Milwaukie Oregon, and we’ll arrange to talk about the options that are available. Guardianships can become very complicated very quickly. You’ll want an experienced and respected probate attorney as your counsel.