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Oregon Petition for Appointment of Guardian and Order Allowing Withholding of Medical Care

State:
Oregon
Control #:
OR-HJ-080-09
Format:
PDF
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A09 Petition for Appointment of Guardian and Order Allowing Withholding of Medical Care
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FAQ

A guardian is also prohibited from making gifts from the ward's estate. Generally, a guardian cannot tie up the ward's money by purchasing real estate, but can lend the money to someone else buying real estate if the property is sufficient security for the loan.

The out-of-pocket costs to begin a guardianship in Oregon are the filing fee, which is $124 (in 2019); the fee for the court visitor, which varies by county but is generally between $300 and $600; and the expenses for having the respondent personally served, getting certified copies from the court, etc., which are

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These types of decisions may include giving consent to medical care or treatment; purchasing or arranging for purchase of such necessities as food, clothes, cars, household items, and other personal items; arranging for education; and managing finances and bank accounts, making investments, hiring professionals, etc.

States generally provide guardians with broad statutory authority to make healthcare decisions for individuals under their care.For such decisions, state guardianship statutes may require court approval, but these restrictions vary broadly across states.

EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.

In most cases, power of attorney is preferred to legal guardianship because more control is retained by the person being protected. However, if court supervision is needed, guardianship may be more appropriate. Guardianship also gives the guardian court-ordered authority that third parties, like banks, must recognize.

In general, the court may grant the guardian the power to make medical decisions, determine place of abode, social settings, and to manage property and handle financial affairs such as banking, investments, payment of expenses including household and long-term care costs, and taxes for the incapacitated person.

Generally speaking, a guardian is not personally responsible for the ward's (person being taken care of) debts or bills.He or she is not required to pay the ward's bills with their personal assets, and if the ward's bills are sent to collections it will have no impact on the guardian's credit.

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Oregon Petition for Appointment of Guardian and Order Allowing Withholding of Medical Care