Who is Notified of a Guardianship and/or a Conservatorship

Wednesday, October 5, 2022

    Sometimes there is a concern that someone should NOT be notified that a guardianship or a conservatorship is being sought for a person.

    For example, there may be a sibling or an adult child with whom the person has fallen out, or from whom the person is estranged.

    Oregon statute makes it clear that notice must be given, among other people, to the parents, spouse, and adult children of the person over whom a guardianship or a conservatorship is being sought.

    Guardianships and conservatorships are collectively referred to as protective proceedings.

    Notice must also be given to the person himself or herself if the person is over the age of 14, and notice must also be given to anyone with whom the person is cohabiting.

    Trustees and attorneys in fact (persons appointed by a power of attorney), and health care representatives must also receive notice, and in many circumstances anyone who is or has recently been a lawyer for the person must also receive notice.

    This is not an exhaustive list.  There are other people who must receive notice in some circumstances.

    In general, however, at least the above people must be given notice that someone is seeking a guardianship or a conservatorship, and in most cases, these people will have standing to object to the protective proceeding.

    Even if nobody objects to the protective proceeding itself, a wide variety of people can also object to the person who has originally been nominated to be the guardian or the conservator, and can suggest someone else to be appointed.

    A person who objects can also often seek to have certain limits placed on the guardian and/or the conservator.

    There is no exception allowing notice to be skipped even though the person may have fallen out with one of the people to whom notice must be given, and even though the rest of the family may think it would be better if that person should not receive notice.