Post on 08-May-2015
description
SEEKING GUARDIANSHIP AND/OR CONSERVATORSHIP IN
OREGONProtecting an Elderly Loved One
THE GREYING OF AMERICA
Life expectancy in America has risen significantly in recent
decades
Living longer, however, increases the risk of suffering from
Alzheimer’s or another dementia related illness
If you have an elderly family member
or loved one who needs protecting you may need to petition to
become guardian or conservator
DEMENTIA STATISTICS
Alzheimer’s is not the only dementia related illness nor is
dementia the only cause of incapacity;
however, statistics relating to Alzheimer’s provide a glimpse into
how common guardianship and conservatorships will be in the
future
Alzheimer’s is not the only dementia related illness nor is
dementia the only cause of incapacity;
however, statistics relating to Alzheimer’s provide a glimpse into
how common guardianship and conservatorships will be in the
future
Alzheimer’s is the sixth leading cause of death in the United States
One in three seniors dies with Alzheimer’s or another dementia related disease
In 2012, over 15 million caregivers provided unpaid care to Alzheimer patients
Deaths caused by Alzheimer’s increased almost 70 percent between 2000 and 2010
By 2025 an estimated 7 million seniors over the age of 65 will have Alzheimer’s
GUARDIANSHIP EXPLAINED
A GUARDIAN is someone who is legally appointed by a court to protect a “protected person”
In this case, the “protected person” is your elderly family member or
loved one
Guardian has legal authority and control over the protected person –
not the assets or estate of the person
Guardian makes daily decisions for the protected person such as where
he/she will live or which doctor he/she treats with
EXTENT OF AUTHORITY GRANTED IN GUARDIANSHIP
Guardianship authority may be broad or limited
Oregon law gives a guardian only the authority “necessary to promote and protect the well-being of the protected person.”
Protected person is not adjudicated incompetent
Protected person may still make many of his/her own decisions
CONSERVATORSHIP EXPLAINED
A CONSERVATOR is appointed by a court to protect the estate of a
protected person
Conservator protects the assets of a protected person, not the person
Fiduciary duty
May control bank accounts, pay bills, or make decisions regarding investments of
the protected person
Property is not transferred into conservator’s name
EXTENT OF AUTHORITY GRANTED IN A
CONSERVATORSHIP
Similar to guardianship
May be broad or limited
Protected person may still have access to funds
Conservator may decide how much protected person needs on a daily basis
INCAPACITY DEFINED
For a court to consider guardianship and/or
conservatorship the court must first determine that the proposed protected person is incapacitated
ORS 125.005 defines “incapacitated” as:
“a condition in which a person´s ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirement for the person´s physical health or safety.”
GUARDIANSHIP/CONSERVATORSHIP
PROCEEDINGS
Deciding to seek guardianship/conservatorship
is a difficult one
Once you have made the decision, the process includes:
You may petition to be just a guardian or conservator or petition to become both
Filing a petition with the appropriate Oregon Circuit Court after consultation with your estate planning attorney
Petition must allege facts supporting the need for a guardian/conservator
Notice must be given to proposed protected person as well as close family
Court will order assessment/evaluation of proposed protected person
Hearing ordered if objection filed
You must convince court at hearing that the proposed protected person is incapacitated and is in need of a guardian/conservator
Court must also be convinced that you are an appropriate guardian/conservator
FULFILLING ROLE OF GUARDIAN/CONSERVATOR
Court issues letters of guardianship/conservatorship
Court will retain oversight
You will need to report to court periodically to ensure that you are
fulfilling your duties and responsibilities in an acceptable
manner