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:

 

Temporary

Guardianship

(if granted)

Guardianship for

an Indef. Period

(if granted)

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.