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Oregon Petition for Appointment of Emergency Temporary and Permanent Protective Guardian Conservators

State:
Oregon
Control #:
OR-HJ-536-01
Format:
PDF
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A01 Petition for Appointment of Emergency Temporary and Permanent Protective Guardian Conservators
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FAQ

How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.

A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.

You Need the Attorney to File a Petition For Conservatorship. During the application process for the conservatorship, someone must file a petition for conservatorship with the court clerk.When you hire a conservatorship lawyer, they can file the petition for conservatorship for you.

Conservator fees range from $50 an hour to $135 an hour or more. Trustee and other professional asset manager fees for high-value estates typically run from 1 to 1.5% of the asset value annually.

The Court may appoint an emergency guardian when it appears that an individual lacks capacity, is in need of a guardian, and failure to make such an appointment will result in irreparable harm to the person and/or estate of the alleged incapacitated person (note the term incompetent is no longer used in guardianship

Someoneusually a family memberfiles a petition with the court to become the conservator for an individual. The petition will state that the individual in question is unable to manage his or her income and property without assistanceand without management assets will be wasted or dissipated.

In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian.

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.

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Oregon Petition for Appointment of Emergency Temporary and Permanent Protective Guardian Conservators