Our Blog

back

You will have to file a petition with the court to become a guardian.

The petition to the court will state that appointment of a guardian is sought because the person lacks the capacity to meet the essential requirements for his or her physical health and safety. The petition will state the reasons and it will include specific factual examples.

The judge then appoints a “visitor” to interview you and other relevant persons involved. The visitor will file a report with the court.

The judge will consider whether you are the best person to fill the role of guardian. A spouse or an adult child is usually a good candidate.

The judge then makes a final decision about whether a guardian is needed and who that guardian will be. If the judge decides someone other than you would be better suited, he or she may appoint a disinterested third party to serve as the guardian. It could be someone who works as a professional guardian.

The question of who would make the best fit as the "guardian" is a complex process - Speaking to an experienced Guardianship lawyer can help. Contact the Guardianship lawyers with the Law Offices of Nay & Friedenberg in Portland, Oregon at (503) 245-0894.