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- Law Practice Focused on Guardianships and Conservatorships for Adults and Medicaid (not Medicare) Counseling
- More Than 15 Years Of Experience As An Elder Law Attorney
- Call to schedule a free telephone consultation concerning one of Kristianne's "Practice Areas"
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Emergency Guardianships And Conservatorships in Gresham, Oregon
What is an “emergency” guardianship or an “emergency” conservatorship?
An “emergency” guardianship or an “emergency” conservatorship” (the correct terms are a “temporary guardianship” or a “temporary conservatorship”) differs from a “regular” guardianship or “regular” conservatorship (the correct terms are a “guardianship for an indefinite period” or a “conservatorship for an indefinite period”) in:
an Indef. Period
The duration of the guardian’s or conservator’s authority.
By statute, up to 60 days
Until the court terminates the guardianship/conservatorship
How soon after a petition is filed the court signs a judgment appointing a guardian or conservator.
Typically, on the 3rd judicial day after service*
Depending upon the county, about 4-5 weeks after service*
The legal standard required to appoint a guardian.
Person is “incapacitated” and there is an immediate and serious danger to the life or health of the person
Person is “incapacitated” plus there are no less restrictive alternatives
The scope of the guardian’s authority.
May be appointed only for a specific purpose.
The powers, duties and limitations listed under ORS 125.315 - 125.320
*If objections are filed, it may take significantly longer for the court to make a decision as to whether to and whom to appoint as guardian/conservator. The court may ultimately decide not to appoint a guardian/conservator.
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