Feibleman Case Attorneys at Law - Family Law, Divorce, Estate Planning, Personal Injury, Alternative Dispute Resolution attorneys / lawyers in Oregon

Guardianships:

A guardianship is a court created protective proceeding which appoints a person to act on behalf of an individual. The individual may be a child or an adult. A guardian can be a friend, relative, professional or any person appointed by the court.

Generally and unless limited by the court, in Oregon a guardian has the following powers and duties:

A guardian has custody of the protected person and may establish the protected person's residence.
A guardian shall provide for the care, comfort and maintenance of the protected person and, whenever appropriate, shall arrange for training and education of the protected person.
The guardian shall take reasonable care of the person's clothing, furniture and other personal effects unless a conservator has been appointed for the protected person.
Subject to limitations, the guardian may consent, refuse consent or withhold or withdraw consent to health care for the protected person.
The guardian may make advance funeral and burial arrangements, control the disposition of the remains of the protected person; and make an anatomical gift of all or any part of the body of the protected person.
The guardian of a minor has the powers and responsibilities of a parent who has legal custody of a child, except that the guardian has no obligation to support the minor beyond the support that can be provided from the estate of the minor, and the guardian is not liable for the torts of the minor.
The guardian may consent to the marriage or adoption of a protected person who is a minor.
Subject to limitations, the guardian may receive money and personal property deliverable to the protected person and apply the money and property for support, care and education of the protected person.

A guardianship may be necessary for a minor when a third party such as a grandparent, stepparent or other family member is providing for the child for an extended period of time. A guardianship may also be necessary for an elderly adult who is no longer able to make decisions on their own.

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