Guardianship & Conservatorships Your Problems. Our Priority.

Conservatorship and Guardianship Attorneys

When a loved one is no longer able to make health care or financial decisions, the court may appoint someone to act as their guardian or conservator to make these decisions on their behalf. Minor children sometimes need a guardian or conservator to ensure their rights are protected as well.

Conservatorship and Guardianship

Our estate planning and guardianship attorneys at Johnson & Taylor help clients determine the best way to legally protect your loved one’s interests. We can assess the circumstances surrounding your case and advise you on the best course of action to ensure your loved one receives the care and protection they need.

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Very professional in the handling of my mom's estate.
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They provided a perfect blend of professionalism and personal care.
“My experience was exceptional. Interacting with Ryan and Mayra was professional, yet very personal. They expertly guided me through the complex process of preparing a Revocable Living Trust and Power of Attorney, and more, ensuring that every detail was meticulously handled. Ryan’s deep knowledge and clear explanations made me feel confident and informed at every step. Mayra’s attention to detail and friendly demeanor made the entire experience smooth and stress-free.”

- Deb S.
We could not have chosen a better firm to do our Estate Planning.
“My wife & I, recently completed our Estate Planning to protect our family and everything we have built this far. The attorneys were very professional and walked us through the process of doing the right kind of estate planning that was best for our family. I highly recommend them for your estate planning needs. Also, his assistant Debbie was Amazing. Thank you again!”

- Joaquin B.
They gave me peace of mind and clear options.
“I had no idea how to handle my father's insolvent estate after his death and I was in distress. The staff at Johnson &Taylor were compassionate to my situation and set up a consultation when no other firm would give me the time of day. It was the best money well spent.”

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From the beginning, the entire team has been professional, kind, and knowledgeable.
“Johnson and Taylor have been an incredible help to my wife and mother-in-law as they navigated the process of setting up a Special Needs Trust. Ryan, in particular, has been outstanding—patient, understanding, and always willing to take the time to explain every step clearly. He’s made what could have been a complicated and stressful process feel smooth and manageable. We truly appreciate the care and attention they’ve given our family, and we’re grateful to have had such a dedicated and compassionate legal team on our side.”

- Casey W.
Debbie with Johnson & Taylor was a pleasure to work with on closing out my dad's estate.
“She was knowledgeable, professional, & prompt in her responses...while also being personable & friendly. She made a complicated process easy to navigate. Thx Debbie!”

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What Is A Guardian?

A guardian is a person who is appointed by the court to make personal and health care decisions for a minor or incapacitated person. If the incapacitated person is an adult, they are known as the “protected person.” The court may also appoint a guardian and give them broad authority to make personal decisions for the protected person, including what type of medical treatment they receive and where they live. In some cases, the authority of a guardian is more limited.

When Is Guardianship Appropriate?

When someone cannot make reasonable decisions regarding their health and safety, guardianship is often an effective solution to safeguard their well-being. The court makes this determination, and the facts must satisfy Oregon’s statutory standard of incapacitated defined under Oregon statute ORS 125.005(5).

Incapacitation is defined as “a condition in which a person’s ability to receive and evaluate information effectively or make decisions is impaired to such an extent that they cannot meet essential requirements for their physical health or safety.” Essential requirements for health and safety can include food, shelter, clothing, and health care. A guardian is appointed to ensure these vital needs are met.

Deciding someone’s capacity is challenging. Until a person is deemed legally incapacitated by a court, they retain all of their rights and privileges to make decisions on their own behalf, even if those decisions are damaging to their health and security.

What Is the Process To Obtain Guardianship?

If you are considering petitioning the court for guardianship, it is critical to seek the counsel of an attorney to discuss the facts and circumstances involving the person who needs protection. Our guardianship attorneys can draft a petition that includes all relevant facts required to support a finding of incapacity.

The court considers the information in the petition, such as facts and opinions, provided by doctors and other professionals, family, and friends. The court appoints a visitor who interviews those involved in the guardianship proceeding and reports their findings to the court. This report is a crucial piece of evidence for determining whether an individual has the capacity and, ultimately, whether a guardian is appointed.

In addition, Oregon law requires that notice be given to certain family members, such as a spouse, parents, and adult children, of the proposed protected person or minor (respondent). The notice must also be personally served to respondents unless they are under 14 years of age. A respondent has the right to object to having a guardian appointed for them, request a hearing, and retain an attorney.

What Is A Conservator?

A conservator is appointed by the court to manage a minor or incapacitated person’s financial affairs and assets. The main difference between guardianships and conservatorships is that conservatorships deal only with the management of assets and income. A conservator does not make decisions regarding health care or living situation.

When Is A Conservatorship Appropriate?

A Conservatorship is required when a person lacks the capacity to make adequate decisions regarding their income, assets, or other financial matters. This determination is made by the court.

The facts must satisfy the statutory standard of financially incapable under ORS 125.005(3). Making the determination of whether someone is economically incapable is difficult. Unreasonable spending, bouncing a check, or occasionally over-drafting an account are not, on their own, sufficient reasons to warrant the appointment of a conservator.

What Is the Process To Obtain Conservatorship?

A proceeding for conservatorship is similar to the process for guardianship. Again, seeking a guardianship attorney’s advice is important to increase the chances of success of the conservatorship and to protect your loved one’s rights and finances.

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