GUARDIANSHIPS AND CONSERVATORSHIPS
A guardian is a person appointed by the court to make health care, living, and personal decisions for individuals who are incapacitated or are under the age of 18. Oregon considers a person to be incapacitated if they are unable to make or communicate decisions relating to their own basic physical health and safety. The process is usually initiated by family or a close friend who will manage the protected person’s physical care and custody.
A conservator is a person appointed by the court to manage another person’s financial matters. Some individuals will need a guardian, others will need a conservator, and some people require both a guardian and a conservator.
At Kehoe Moneyhun Law, LLC, we understand that the need for a guardian and/or a conservator is often the last resort and that the need for such an appointment causes stress for all the individuals involved. We handle all legal matters with compassion, integrity, and professionalism.
If you have a child with long-term care needs, we can help you establish a guardianship and conservatorship to be enacted on the child’s 18th birthday. You should reach out to an attorney to assist you with the proceeding 3 – 6 months prior to the child’s 18th birthday.
If your loved one had a Power of Attorney in place, the nominated agent can take financial and legal actions on behalf of the incapacitated person. If your loved one had an Advance Directive in place, the nominated agent can make medical decisions for the incapaciatated person. If your loved one did not have any documentation in place, we can assist you in seeking an emergency temporary guardianship and/or conservatorship.
As a court appointed guardian and/or conservator, you have a duty to act in the best interests of the protected person. Each year, the guardian must submit a report to the court outlining actions taken by the guardian in caring for the protected person during the year. Similarly, a conservator must file an annual accounting with the court showing how the protected person’s money was used during the year.
Our mission is to support individuals and families as they encounter some of the toughest points in their lives, with as little conflict as possible.