If you have an elderly family member or loved one who needs protecting you may need to petition to become guardian or conservator. Learn more about guardianship and/or conservatorship in Portland Oregon in this presentation.
Seeking Guardianship and/or Conservatorship in Oregon
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9. Alzheimer’s is the sixth leading cause of death
in the United States
One in three seniors dies with Alzheimer’s or
another dementia related disease
In 2012, over 15 million caregivers provided
unpaid care to Alzheimer patients
Deaths caused by Alzheimer’s increased almost 70
percent between 2000 and 2010
By 2025 an estimated 7 million seniors over the age
of 65 will have Alzheimer’s
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16. Guardianship authority may be broad or limited
Oregon law gives a guardian only the authority
“necessary to promote and protect the well-being of
the protected person.”
Protected person is not adjudicated incompetent
Protected person may still make many of his/her own
decisions
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19. Conservator protects the assets of a protected
person, not the person
Fiduciary duty
May control bank accounts, pay bills, or make
decisions regarding investments of the protected
person
Property is not transferred into conservator’s
name
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21. Similar to guardianship
May be broad or limited
Protected person may still have access to funds
Conservator may decide how much protected person
needs on a daily basis
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28. You may petition to be just a guardian or conservator
or petition to become both
Filing a petition with the appropriate Oregon Circuit
Court after consultation with your estate planning
attorney
Petition must allege facts supporting the need for a
guardian/conservator
Notice must be given to proposed protected person as
well as close family
29. Court will order assessment/evaluation of proposed
protected person
Hearing ordered if objection filed
You must convince court at hearing that the proposed
protected person is incapacitated and is in need of a
guardian/conservator
Court must also be convinced that you are an
appropriate guardian/conservator