SEEKING GUARDIANSHIP AND/OR CONSERVATORSHIP IN

OREGONProtecting an Elderly Loved One

THE GREYING OF AMERICA

Life expectancy in America has risen significantly in recent

decades

Living longer, however, increases the risk of suffering from

Alzheimer’s or another dementia related illness

If you have an elderly family member

or loved one who needs protecting you may need to petition to

become guardian or conservator

DEMENTIA STATISTICS

Alzheimer’s is not the only dementia related illness nor is

dementia the only cause of incapacity;

however, statistics relating to Alzheimer’s provide a glimpse into

how common guardianship and conservatorships will be in the

future

Alzheimer’s is not the only dementia related illness nor is

dementia the only cause of incapacity;

however, statistics relating to Alzheimer’s provide a glimpse into

how common guardianship and conservatorships will be in the

future

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 EXPLAINED

A GUARDIAN is someone who is legally appointed by a court to protect a “protected person”

In this case, the “protected person” is your elderly family member or

loved one

Guardian has legal authority and control over the protected person –

not the assets or estate of the person

Guardian makes daily decisions for the protected person such as where

he/she will live or which doctor he/she treats with

EXTENT OF AUTHORITY GRANTED IN GUARDIANSHIP

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

CONSERVATORSHIP EXPLAINED

A CONSERVATOR is appointed by a court to protect the estate of a

protected person

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

EXTENT OF AUTHORITY GRANTED IN A

CONSERVATORSHIP

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

INCAPACITY DEFINED

For a court to consider guardianship and/or

conservatorship the court must first determine that the proposed protected person is incapacitated

ORS 125.005 defines “incapacitated” as:

“a condition in which a person´s ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirement for the person´s physical health or safety.”

GUARDIANSHIP/CONSERVATORSHIP

PROCEEDINGS

Deciding to seek guardianship/conservatorship

is a difficult one

Once you have made the decision, the process includes:

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

FULFILLING ROLE OF GUARDIAN/CONSERVATOR

Court issues letters of guardianship/conservatorship

Court will retain oversight

You will need to report to court periodically to ensure that you are

fulfilling your duties and responsibilities in an acceptable

manner

LEARN MORE ABOUT GUARDIANSHIP AND/OR

CONSERVATORSHIPIN PORTLAND OREGON