Guardianships

If you become incapacitated and are unable to manage your own personal needs and health care, decisions will be made for you by someone else. If you have not appointed a decision maker, state law provides for an Oregon Guardianship where a guardian is appointed by the court.

In some situations, such as a physician’s order that you be held in a psychiatric unit, a guardian may have to be appointed even if you have named someone in your Advance Directive. An attorney will usually recommend a guardian when there is incapacity and destructive behavior.

An Advance Directive does not work in such a situation because it does not cover mental health situations.

A guardian does not have a financial responsibility, but instead looks out for your person. A guardian makes decisions about issues such as where you should live, and also makes sure you have proper nutrition and medical care.

If a guardian is needed, someone — usually a family member — files a petition with the court to become your guardian. The court will consider whether this person is the best person to fill this role.

If the court decides someone else would be better suited, it may appoint a disinterested third party to serve as the guardian. There are persons who make their livelihoods by working as professional guardians, just as there are persons who work as professional conservators.

If you wish to have a voice in whom the court appoints as guardian, you should nominate persons in order of preference in your Advance Directive or Last Will. The court honors these nominations, if possible. Nay and Friedenberg has many years of expertise in establishing, defending and administering guardianships and conservatorships.

If you have questions or concerns about Guardianship issues, please don't hesitate to contact the Guardianship Attorneys with the Portland, Oregon Law Firm of Nay and Friedenberg at 503.245.0894.