What can be done if a guardian is not performing his or her duties properly and the well-being of the protected person is in jeopardy? – Guardianship Attorney – Portland, Oregon

If the protected person is in serious and immediate danger, please call law enforcement authorities.

However, if the protected person is in a situation that can give folks a little time to work though the issues, it is best to begin with informal, non-judicial options.  Because a guardian is a court appointed decision-maker, the solution may ultimately be through the court.

First confirm the facts.  It’s best to know the details.  So many disagreements are partly miscommunications or arise from small differences.

Next, review the issues with the guardian, caregiver(s), other knowledgeable people.  One person’s definition of jeopardy is not everyone’s.  For example, some persons may be more accepting of a person’s desire to live in an unsafe home.

If the guardian is a reasonable person, try to advocate for the protected person in a way that will lead to a solution.  Note that the guardian may have a different value system, be sensitive about an error he or she has made or may just want to reject advice.  Keep in mind that the guardian has been appointed by the court so her or she has been vetted once.

It may be helpful to contact the Adult Protective Services of the county, a volunteer advocacy organization or even law enforcement.

If the problem cannot be solved, generally, you will need an attorney.  The attorney will advise you whether to petition to replace the guardian, seek a restraining order, appoint an investigator or other remedies.

If you’re dealing with a matter as described above, it may be time to consult with an experienced guardianship attorney for some direction. Contact the guardianship attorneys with the Law Offices of Nay & Friedenberg in Portland, Oregon at (503) 245-0894 to set an appointment.