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Is Guardianship Necessary in Your Situation?

Guardianship and conservatorship are essential ways that one can help a loved one who cannot speak for themselves. However, there’s plenty of misinformation surrounding this legal process. If you believe guardianship may be necessary for your situation, Sohler Whitman can help you sort through the loads of conflicting information. We’re proud to help Portland, OR residents obtain guardianship when they need it most, whether your loved one can no longer communicate or they can’t make sound decisions.

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What Is Guardianship?

Guardianship, sometimes used interchangeably with conservatorship, is a legal method in which one person takes control of another’s property and personal decisions. If an adult is subject to a guardian or conservator, they typically cannot make sound decisions on their own. In the best of cases, a guardian or conservator will always act in the best interests of the person under guardianship. The guardian may have the authority to dictate some, or all, of the following for another person:

  • Where they live
  • What kinds of medical treatment they receive
  • When or if they purchase property
  • End-of-life decisions
  • Whether they can bring lawsuits

Know the Types of Guardianship

Guardianship is a broad term that can refer to a few different legal processes. Depending on the status of the person needing a guardian, one type of guardianship may be more beneficial than another. Here’s a quick overview of the varieties of guardianship in Oregon:

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Temporary

Sometimes guardianship can be obtained on an emergency basis. This type of guardianship only lasts 30 days but can be extended another 30 if a court deems it necessary.

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Standard

Most situations require a standard guardianship. Though it takes longer to obtain than a temporary guardianship, it can last as long as necessary.

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Limited

In some instances, a limited guardianship is best for everyone involved. These cases typically involve specific goals that the guardian intends to achieve.

Learn More About Guardianship and Conservation

Whenever you have questions about guardianships or conservatorships, Sohler Whitman is here to provide you with reliable answers. We’ve served countless clients in the region, helping them care for their loved ones who can no longer care for themselves. Beyond guardianship counsel, we can also help with estate planning, probate administration, and much more. Let us know how we can help you.

Let Us Represent You