In Oregon there are potentially six kinds of protective proceedings.

    This article will outline the three kinds of guardianships that are available.  A later article will address the three kinds of conservatorships that are available.

    Legal fees and court costs for a guardianship are usually paid from the assets of the financially incapable person, if that person has sufficient assets, rather than being the responsibility of the person seeking the guardianship, at least if the court agrees, and a guardianship is established.

    If a person is incompetent, and is putting themselves or other people at risk because of their inability to properly process information, someone can seek a guardianship over that person.

    The formal language from the statute is from ORS 125.005 (5), and reads:
    “ “Incapacitated" means a condition in which a person's ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person's physical health or safety. "Meeting the essential requirements for physical health and safety" means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.”

    Guardianships allow a person who is appointed by the court (called a Guardian), to make decisions about who the protected person/incapacitated person lives with, where the person lives, and other such personal matters.

    There are three kinds of guardianships.

    In an emergency, one can seek what is called a “Temporary Guardianship.”  These temporary guardianships can sometimes be obtained on an expedited basis.  Often, they can be obtained within a few days of contacting a skilled attorney.

    A temporary guardianship will last only 30 days, and can be extended, if the court agrees, for only another 30 days.  ORS 125.600.

    The second kind of guardianship is a “Standard Guardianship.”  It takes longer to obtain a standard guardianship.  Often, if there is an emergency, a person will seek appointment as a temporary guardian on an emergency basis, and will begin the process of seeking a standard (i.e. continuing) guardianship at the same time.

    A standard guardianship extends for as long as the protected person needs to have someone else make decisions for him or her.  A guardian must make annual reports to the court, however.

    A guardian must also seek court approval and/or give notice to the court before making certain kinds of decisions, placing a person into a more restrictive environment, or the like.  These matters are complex, and could be the subject of a full article.

    The third kind of guardianship is a “Limited Guardianship,” under ORS 125.650.  These limited guardianships are usually requested when there is some specific, limited, and usually short term need for a decision maker to be put in place.  The limited guardianships are usually designed to expire in a short time, after a specifically outlined set of goals has been achieved.