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Oregon Objection to the Petition to Appoint Guardian Conservator

State:
Oregon
Control #:
OR-HJ-509-03
Format:
PDF
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A03 Objection to the Petition to Appoint Guardian Conservator

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FAQ

The conservator has the power to collect all the conservatee's assets, pay bills, make investments, etc. The conservator must seek court supervision for major transactions, such as purchase or sale of property, borrowing money, or gifting of assets.

Establishing and funding a revocable living trust is a simple way to avoid a court-supervised conservatorship if you should become mentally incapacitated. You can nominate someone now to take care of your personal affairs later, rather than rely on a court to select someone you might not want to act on your behalf.

You have a couple of options. You can ask the court to terminate the conservatorship, or you can ask the court to give you a new conservator. To terminate the conservatorship, you have to prove that you no longer need it.

Can a conservatorship be contested in California? Yes, a conservatorship can be contested in any state. Sometimes, the simplest way to contest a conservatorship is to object to the petition for conservatorship to stop the conservatorship in the first place, or to file a competing petition for conservatorship.

A conservator over the estate is responsible for marshalling, protecting, and managing the conservatee's assets that remain in their estate. A conservator reports to the court that appointed them, and is monitored by the supervising judicial court in the county in which the conservatee permanently resides.

Under certain circumstances, a Guardian may be personally liable for improper distributions, and may be compelled by a Court to make a distribution at the Ward's or Interested Person's request.

Some adults find it difficult to get out of a conservatorship after they recover from the issue that placed them under the guardianship of another person.Supervision through the courts usually catches these issues, but with overworked court systems, not all adults receive the care they need.

LPS conservatorships MUST be started by a local government agency, usually a county's Public Guardian or Public Conservator. LPS conservatorships last for only 1 year. If they are needed longer than that, they must be restarted and the conservator must be reappointed by the court.

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Oregon Objection to the Petition to Appoint Guardian Conservator