Guardianships and Conservatorships

  Oregon law allows for the appointment of a guardian for certain minors and mentally incapacitated aduts.  The process involves a petition to the court to appoint a legal guardian who will have authority and responsibility for the protected person.

 

    A conservatorship is the appointment of a fiduciary who is vested with broad authority to handle the financial and business affairs of a protected person. The primary difference between the two is that a guardian’s authority centers on the personal welfare of the protected person, while the the conservator's authority and responsibility is only for the financial affairs and assets of the protected person.  Often, an adult who suffers from mental incapacity may need both a guardian and a conservator appointed.

 

Our attorneys, Ben Knaupp and Richard Butler handle guardianships and conservatorships which can provide for the needs of incapacitated persons. When you are creating a conservatorship, it is important to choose a conservator who is truthful and is capable of handling the many tasks expected of a conservator. Our firm can discuss these issues and explain the legal process. We can also prepare the petition and supporting documentation needed to obtain a conservatorship and present it to the court.

 

We can also recommend methods that can be taken in an estate plan that can avoid the need for a conservatorship. An attorney at our firm can review your situation and recommend the right solution for you.