![]() A guardian must also learn about the values and preferences of the protected person and make decisions they reasonably believe the protected person would have made for themselves if they were able. The guardian has an obligation to become acquainted with their ward, regularly visit with them, and get to know their limitations, needs, and any health conditions. But at all times, they are expected to encourage the protected person to participate in decision-making and act for themselves whenever possible. ![]() Adult Guardianship Duties and Responsibilities A guardian has various duties and responsibilities under Oregon law. The person for whom a guardian is appointed in a protective proceeding is referred to as the “protected person.” An adult guardianship lasts until the protected person passes away, the guardian resigns, or a judge determines the guardianship is no longer needed. Critically, a medical diagnosis is not the same as a finding of legal incapacity which must be determined by a court. The Oregon statute defines an incapacitated individual as someone who is unable to communicate the decisions that are necessary to provide for their health, safety, and welfare. What is a Guardian? A guardian is a person appointed by the court who is given the authority to make important decisions for an incapacitated individual regarding healthcare and personal matters. While guardianships encourage maximum independence, they still remove the protected person’s fundamental civil rights and are taken very seriously by the courts. Not to be confused with a conservatorship (which has to do with financial decision-making), an adult guardianship is a legal arrangement to assist an incapacitated individual with making healthcare and personal decisions. Note: You need to negotiate and have a guardianship assistance agreement in place before the guardianship is established.If you have an elderly family member who can no longer make decisions on their own behalf, you may consider a guardian arrangement.
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