Disability Rights Oregon has published updates to its Guardianship Handbook. For a comprehensive look at the issue of guardianship, check out this helpful guide.
From the introduction:
The purpose of this Handbook is to provide general information to individuals regarding their rights and protections under the law regarding guardianship. A guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person’s actual mental and physical limitations. ORS 125.300(1).
Under Oregon law, a judge can appoint an adult to make important decisions about the care and well-being of another person. This is called a protective proceeding. In a protective proceeding, a judge can appoint a guardian, a conservator or both. In an emergency, a judge can appoint a temporary guardian, a temporary conservator or both. A judge may order action be taken on behalf of an adult without appointment of a guardian or conservator. This is called a protective order.
Any adult can file a petition in court to have a guardian appointed for another person. Separate laws cover protective proceedings for adults and children. This Handbook is about adults only.