Guardianship & Conservatorship Lawyers Serving Salem
Legal Representation for Incapacitated Adults & Minors in Marion & Polk Counties
When a loved one can no longer make health care or financial decisions, the court may appoint a guardian or conservator to make those decisions on their behalf. Minor children may also need a guardian or conservator to protect their rights.
Stepping in to make medical or financial decisions for an incapacitated loved one is rarely easy. At Johnson & Taylor, we help remove the built-up anxiety from this process by offering clear, upfront guidance, including flat-fee structures for many planned guardianships and rapid case onboarding for sudden conservatorship emergencies. Let our legal team handle the heavy lifting and strict court deadlines so you can focus entirely on your family.
Ready to discuss your options? Call our Salem office at (971) 318-5516 or contact us online to schedule a free consultation.
-
“She was knowledgeable, professional, & prompt in her responses...while also being personable & friendly. She made a complicated process easy to navigate. Thx Debbie!”- Kathy L.
-
“Debbie was respectful and prompt in all of our discussion. Recommend them to anyone needing help with probate.”- Ruben G.
-
“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.”- Leah D.
-
“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.
-
“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.
-
“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.
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 with broad authority to make personal decisions for the protected person, including the 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 about their health and safety, guardianship often effectively safeguards their well-being. The court makes this determination, and the facts must satisfy Oregon’s statutory standard of incapacity under 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 health and safety requirements 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 court deems a person legally incapacitated, they retain all rights and privileges to make decisions on their own behalf, even if those decisions harm their health and security.
What Is the Process to Obtain Guardianship?
If you are considering petitioning the court for guardianship, it is critical to consult an attorney to discuss the facts and circumstances of 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 information in the petition, including facts and opinions from doctors and other professionals, as well as 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 crucial evidence in determining whether an individual has capacity and, ultimately, whether the court appoints a guardian.
Meet the Partners
The attorneys leading your case with experience, strategy, and a commitment to results
