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Why is a Guardianship or Conservatorship necessary?

If a person becomes incapacitated due to an illness or injury and is no longer competent to make or sign legal documents, or cannont take care of their everyday needs, then a Guardian or Conservator may be necessary.

A person under the age of eighteen (18) years is disabled because of “minority” and cannot make or sign legal documents. A “minor” who owns property may require a Conservator to manage that property and may also require a Guardian to make every day decisions concerning the minor’s health, education, and welfare.

According to Oregon law, an adult guardianship is necessary if a person is incapacitated and lacks the present ability to meet the essential requirements for his or her physical health and safety. This means taking those actions necessary to provide health care, food, shelter, clothing, personal hygiene, and other care, without which serious physical injury or illness is likely to occur.

A Conservator is necessary if a person is financially incapable of effectively managing his or her financial resources. This means having the ability to take actions necessary to obtain, administer, and dispose of real and personal property, benefits and income.