Seeking Guardianship and/or Conservatorship in Oregon

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SEEKING GUARDIANSHIP and/or conservatorship in
oregon
Protecting an Elderly Loved One
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The Greying of America
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Life expectancy in America has risen
significantly in recent decades
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Living longer, however, increases the risk of
suffering from Alzheimers or another dementia
related illness
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If you have an elderly family member or loved
one who needs protecting you may need to
petition to become guardian or conservator
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Dementia Statistics
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Alzheimers is not the only dementia related
illness nor is dementia the only cause of
incapacity however, statistics relating to
Alzheimers provide a glimpse into how common
guardianship and conservatorships will be in the
future
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Alzheimers is not the only dementia related
illness nor is dementia the only cause of
incapacity however, statistics relating to
Alzheimers provide a glimpse into how common
guardianship and conservatorships will be in the
future
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Guardianship Explained
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A GUARDIAN is someone who is legally appointed by
a court to protect a protected person
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In this case, the protected person is your
elderly family member or loved one
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Guardian has legal authority and control over the
protected person not the assets or estate of
the person
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Guardian makes daily decisions for the protected
person such as where he/she will live or which
doctor he/she treats with
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Extent of Authority Granted in Guardianship
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Conservatorship Explained
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A CONSERVATOR is appointed by a court to protect
the estate of a protected person
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Extent of Authority Granted in a Conservatorship
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Incapacity Defined
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For a court to consider guardianship and/or
conservatorship the court must first determine
that the proposed protected person is
incapacitated
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• ORS 125.005 defines incapacitated as
• a condition in which a persons 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 persons physical health or safety.

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Guardianship/Conservatorship Proceedings
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Deciding to seek guardianship/conservatorship is
a difficult one
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Once you have made the decision, the process
includes
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Fulfilling Role of Guardian/Conservator
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Court issues letters of guardianship/conservatorsh
ip
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Court will retain oversight
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You will need to report to court periodically to
ensure that you are fulfilling your duties and
responsibilities in an acceptable manner
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Learn More About Guardianship and/or
Conservatorship in Portland Oregon