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Oregon Petition for Protective Order and Appointment of Fiduciary Conservator of Adult

State:
Oregon
Control #:
OR-HJ-540-01
Format:
PDF
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A01 Petition for Protective Order and Appointment of Fiduciary Conservator of Adult
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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.

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.

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.

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.

A conservatorship may be established after a relative, friend, or public official petitions the court for appointment of a conservator. The petition must contain information on why the individual cannot manage his or her financial affairs or make appropriate decisions concerning his or her personal care.

A conservator can be a just about anyone including a relative, friend or in some cases the Court appoints a skilled professional fiduciary. A fiduciary is a person who assumes responsibility for a position of trust. Fiduciaries can serve by court appointment or by private agreement.

Conservators have court-ordered authority and responsibility to manage the affairs of those who can no longer make their own decisions about finances or health care.

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.

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Oregon Petition for Protective Order and Appointment of Fiduciary Conservator of Adult