Portland and the surrounding metro area

Oregon Conservatorship and Guardianship Attorney

When someone you love can no longer manage their money or their care and has no estate plan in place, Chris Clark takes you through the Oregon court petition that gives you legal authority to step in, personally and in plain language, so the process doesn't add to what you're already carrying.

What Is the Difference Between a Conservatorship and a Guardianship in Oregon?

The short version: a conservator handles money, a guardian handles care of the person. Oregon calls both of them protective proceedings, and they use different legal standards.

  • Conservator: Finances

    A conservator is appointed when someone is financially incapable, meaning they can't take the actions needed to obtain, manage, and dispose of their property, income, or benefits. The conservator pays bills, manages accounts, protects assets from financial exploitation, and answers to the court for every dollar.

  • Guardian: Care and Living Situation

    A guardian is appointed when someone is incapacitated and can't make or communicate decisions about their own health and safety. The guardian makes health care and placement decisions, and Oregon expects the order to be no more restrictive than necessary.

  • Sometimes Both

    Many families need both, and Oregon allows a joint petition. The court has to make separate findings for each, because being unable to manage money is not the same as being unable to care for yourself.

  • Which One Fits Your Situation

    That depends on what's actually failing. If bills are going unpaid and someone is vulnerable to a scam, that's a conservatorship question. If they can't safely stay where they are or can't make medical decisions, that's guardianship. Describe what's happening and Chris will tell you which petition to file.

Court Authority to Step In, With One Attorney Handling It

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When someone you love can no longer make decisions for themselves, because of age, illness, or something nobody saw coming, and there's no estate plan naming anyone to act, only the court can give you the authority to act for your loved one.Chris Clark has handled Oregon protective proceedings since 2006. He handles each one himself, from the petition through the reporting requirements that follow appointment.


That matters here more than in most areas of law, because a conservatorship or guardianship doesn't end at appointment. You'll have ongoing duties to the court for as long as the proceeding lasts, and you'll want the same attorney who filed the petition to be the one who knows your file when the first annual report comes due.

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Conservator: Finances

A conservator is appointed when someone is financially incapable, meaning they can't take the actions needed to obtain, manage, and dispose of their property, income, or benefits. The conservator pays bills, manages accounts, protects assets from financial exploitation, and answers to the court for every dollar.



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Conservatorship for Adults

Appointment of a conservator to manage the financial affairs of an adult who is financially incapable of managing them alone.



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Adult Guardianship Petitions

Authority to make health care and placement decisions for an adult who cannot make or communicate those decisions because of incapacity.



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Conservatorship for Minors

Appointment of a conservator to manage a minor's assets, often an inheritance or settlement, when other arrangements aren't sufficient.

Stpes in an Oregon Protective Proceeding

01

Assessment and Strategy

You'll talk about what's happening, what's failing, and who should serve. Chris tells you whether you need a conservatorship, a guardianship, or both, and whether a less restrictive option would work.

02

Petition, Notice, and the Objection Window

Chris prepares and files the petition with the court, and notice goes to the respondent and to everyone Oregon requires to be notified. Interested persons have 15 days from service or mailing to object. In adult guardianship cases the court appoints a visitor to meet with your loved one and report back, which is a step worth understanding before you file.

03

Appointment and Ongoing Court Duties

After appointment, the work continues. A conservator files an inventory of the protected person's property within 90 days and accounts to the court on an annual basis. A guardian for an adult files a report with the court within 30 days after each anniversary of appointment. Chris prepares those filings with you so nothing lapses.

What Families Ask First

  • How do I become a conservator in Oregon?

    You file a petition in the circuit court for the county where your loved one lives, showing that they are financially incapable and that a conservator is needed. Notice goes to the respondent and to a statutory list of interested persons, who have 15 days to object. If no one objects and the court is satisfied, it appoints you and issues a judgmentorder defining your authority.

  • What is the difference between a conservatorship and a guardianship in Oregon?

    A conservator manages finances and property for someone who is financially incapable. A guardian makes health care and living-situation decisions for someone who is incapacitated. They're separate findings under separate standards, and a family can need one, the other, or both.

  • Is there a guardianship attorney near me in Portland who handles the whole case?

    Chris handles every protective proceeding he takes personally, from the petition through the annual reporting. You'll work with the same attorney from the appointment to a year later when a report is due.

  • Can a conservatorship or guardianship be avoided?

    Often, yes, if planning happened first. A financial power of attorney and an advance directive let someone you chose act for you without a court proceeding at all. That's one of the strongest arguments for doing an estate plan while there's still capacity to sign one.

  • How long does the process take?

    For an uncontested adult case, typically a couple of months from filing to appointment, driven by the 15-day objection window and the court visitor's report. An objection turns it into a contested hearing and extends the timeline significantly.

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When a Protective Proceeding Isn't the Whole Picture

Families often reach Chris during a conservatorship and discover there are two other conversations to have. One is planning: a power of attorney and advance directive signed while your loved one still has capacity can prevent the next court proceeding, and the estate planning page explains how. The other is what happens after a death, since a conservatorship ends at death and the estate moves into probate or trust administration.


If you're choosing a guardian for a minor child as part of your own plan, Chris's post on the myths and realities of choosing a guardian is a good starting point.

Describe What's Happening and Chris Will Tell You What to File

If someone you love is slipping and you don't know what you're legally allowed to do, one consultationis usually enough for Chris to tell you which petition fits, what the court will want, and how fast this can move. He answers his own phone during business hours.