Guardianship of a Child or Adult in Oregon

Any person interested in a minor's welfare may file a petition in a protective proceeding, generally in the county where the minor lives or is present. The court may appoint a guardian if it finds by clear and convincing evidence that the minor needs a guardian, that the appointment is necessary to provide continuing care and supervision, and that the nominated person is qualified, suitable and willing. The order must be no more restrictive than reasonably necessary. The Department of Human Services may be appointed if the minor has no living parents and no suitable relative or other person has petitioned.

Any person interested in the welfare of an adult may petition for a guardian, a conservator (for finances), a temporary fiduciary, or another protective order instead of a fiduciary. The petition must describe less restrictive alternatives that were considered and why they are inadequate. A guardian may be appointed only on clear and convincing evidence that the adult is incapacitated (unable to receive and evaluate information or communicate decisions to the point of lacking capacity to meet essential health and safety needs) and that the appointment is necessary for continuing care and supervision. The order must be no more restrictive than reasonably necessary, and the court considers the court visitor's report and any medical or psychological report.