Merkel and Conner

Oregon Elder Law Attorneys

Guardianships

What Is a Guardianship?

A guardianship is a legal arrangement in which the court appoints an individual (called a guardian) to make personal, medical, and placement decisions for someone who is unable to make those decisions for themselves due to incapacity, disability, or minority (under 18 years of age). Guardianships are designed to protect the health and well-being of vulnerable individuals.

When Is a Guardianship Needed?

A guardianship may be necessary when a person is no longer able to make safe and informed decisions about their care, and no valid Power of Attorney or Advance Directive is in place. Common scenarios include:

  • An adult with dementia or Alzheimer’s

  • A child who has lost both parents

  • A person with a developmental disability turning 18 without appropriate legal planning

In these situations, the court steps in to appoint a guardian to ensure that essential needs—such as medical care, housing, and safety—are addressed.

What Are a Guardian’s Responsibilities?

Guardians have the legal authority and duty to:

  • Make medical and healthcare decisions

  • Determine where the person will live

  • Ensure the person’s basic needs are met

  • Report annually to the court about the person’s condition and care

A guardian does not have authority over financial matters unless they are also appointed as a conservator or given separate legal authority.

Conservatorships

What Is a Conservatorship?

A conservatorship is a court-appointed legal arrangement that authorizes an individual (the conservator) to manage the financial affairs and property of someone who cannot do so themselves due to incapacity, disability, or minority. While a guardian makes personal and medical decisions, a conservator handles money, assets, and legal obligations.

When Is a Conservatorship Needed?

A conservatorship may be necessary when a person:

  • Is unable to manage their finances due to cognitive decline, disability, or illness

  • Is at risk of financial exploitation or neglect

  • Has no valid Power of Attorney in place

  • Is a minor who receives a settlement or inheritance

Without someone legally authorized to manage their assets, the individual may suffer financial harm or be unable to pay for their care.

What Are a Conservator’s Responsibilities?

A conservator has the legal duty to:

  • Manage income, investments, and assets

  • Pay bills and debts

  • Maintain financial records

  • Report regularly to the court on all financial activity

  • Act in the best interest of the protected person at all times

Conservators are fiduciaries and are held to high standards of care, honesty, and accountability.

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