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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
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
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
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
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
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
Seeking Guardianship and/or Conservatorship in Oregon
Seeking Guardianship and/or Conservatorship in Oregon
Seeking Guardianship and/or Conservatorship in Oregon
Seeking Guardianship and/or Conservatorship in Oregon
Seeking Guardianship and/or Conservatorship in Oregon

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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
  • 17.
  • 18.
  • 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
  • 20.
  • 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
  • 22.
  • 23.
  • 24.
  • 25.
  • 26.
  • 27.
  • 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