If you have an older parent that is no longer able to care for themselves or make sound decisions, you may be able to qualify as their guardian. While the circumstances of guardianship can vary from case to case, it generally refers to a legal relationship in which one individual is granted the responsibility to make decisions and arrange care for an incapacitated individual—such as an elderly parent. To help you navigate this family law matter, here are a few important points to know about establishing guardianship in Oregon.

Guide to Elderly Guardianship

How Incapacity is Defined

A person, or ward, may be deemed incapacitated if they are unable to make decisions regarding their day-to-day personal affairs and care needs—such as not being able to seek out health care, food, or shelter. There are many reasons why an aging parent may become incapacitated—such as by having a severe disability or advanced dementia.  

Guardianship Vs. Conservatorship

Guardians are individuals appointed by the court to make decisions about a ward’s personal, day-to-day needs. Conservators are appointed by the court to make decisions about a person’s financial matters. A guardian and conservator can be the same person, but it’s not required.  

Limited Guardianship

The court should design a guardianship in a way that preserves the incapacitated individual’s independence as much as possible. In many cases, judges will order a limited guardianship. In this arrangement, the guardian may only make certain decisions, while the ward still retains several rights regarding other decisions.

How to Become a Guardian

Any person who is concerned about another individual’s welfare can be considered a guardian. Typically, guardians will be a child, parent, or sibling of the ward. However, this relationship is not necessary.

First, you or your family law representative must file a petition with a court in the county where the incapacitated individual resides. After the court accepts the petition, a hearing will take place during which the specifics of the case are discussed. Other parties may also contest a guardianship at this time.

If the evidence presented is sufficient, the judge will name the official guardian of the ward and provide specific guidelines on what rights the ward retains.

Although establishing guardianship can be a complex process, it’s not something you have to do on your own. Serving clients in Marion County and the greater Willamette Valley area, the attorneys of Stayton Law can provide the legal advice and assistance you need to file a petition and prepare for subsequent hearings. Well-versed in the specific requirements to establish guardianships and conservatorships in Oregon, these family law professionals will also streamline the case preparation process to help resolve matters in a timely fashion. Visit this Stayton, OR law office online to learn more about these services or call (503) 769-7741 to schedule a consultation with a compassionate attorney.