Oregon Guardianship Laws: Minors, Adults and Conservators (2026)

In Oregon, guardianship and conservatorship of both children and adults are "protective proceedings" under one chapter of the Oregon Revised Statutes, ORS chapter 125. A court appoints a guardian for the person's care and a conservator for the person's money and property, and it may appoint a guardian only if it determines by clear and convincing evidence that the respondent is a minor in need of a guardian, is incapacitated, or is a vulnerable youth, that the appointment is necessary to provide continuing care and supervision, and that the nominated person is qualified, suitable and willing to serve (ORS 125.305(1)).

Oregon's vocabulary is its own. Guardians and conservators are together called "fiduciaries," the person a petition is about is the "respondent," and once an order is entered that person is the "protected person" (ORS 125.005). Oregon does not have a separate minor-guardianship code: a guardianship of a grandchild, niece or nephew is usually sought through the same chapter 125 protective proceeding used for adults. A second route is ORS 109.119, under which a grandparent, other relative, stepparent or foster parent who has a child-parent relationship with the child may petition for custody or guardianship. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oregon state law on guardianship of minors and adults, conservatorship and other protective orders in ORS chapter 125, the parental power of attorney and relative caregiver affidavit in ORS chapter 109, and the statutory alternatives to guardianship. It does not cover custody disputes between parents (see Oregon child custody laws), grandparent visitation and contact (see Oregon grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Oregon probate), juvenile-court dependency and foster care, which run on a separate track in ORS chapter 419B, or civil commitment and mental-health holds.

Oregon guardianship terms and where the law lives

All of Oregon's protective proceedings sit in ORS chapter 125: guardians (ORS 125.300 to 125.330), conservators (ORS 125.400 to 125.540), temporary fiduciaries (ORS 125.600 to 125.605), other protective orders (ORS 125.650) and the interstate rules (ORS 125.800 to 125.852). The two capacity definitions drive everything else:

(5) "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.

ORS 125.005(5)

A conservatorship uses a different test. "Financially incapable" means a condition in which a person is unable to manage the person's financial resources effectively for reasons including, but not limited to, the conditions the definition lists, such as mental illness, physical illness or disability, chronic use of drugs or controlled substances, confinement, detention by a foreign power or disappearance (ORS 125.005(3)).

How to get guardianship of a child in Oregon

Guardianship of a child (a grandchild, niece, nephew or any other minor) goes through the same chapter 125 protective proceeding as an adult case. An interested person files the petition (ORS 125.010(1)), and the court may appoint a guardian if it determines by clear and convincing evidence that the respondent is a minor in need of a guardian, that the appointment is necessary as a means of providing continuing care and supervision, and that the nominated person is both qualified and suitable and is willing to serve (ORS 125.305(1)). The order may be no more restrictive upon the liberty of the protected person than is reasonably necessary (ORS 125.305(2)).

Section 125.305 sets out those findings and nothing more for a minor: it contains no separate parental-consent requirement and no stand-alone best-interest-of-the-child test. In a chapter 125 case the parents' role comes through notice and through the factors for choosing who serves.

The ORS 109.119 route. Under ORS 109.119 the court presumes that the legal parent acts in the child's best interest. It may grant guardianship to a person with a child-parent relationship only if that presumption is rebutted by a preponderance of the evidence and the order is in the child's best interest, and the order must include findings supporting the rebuttal (ORS 109.119(2), (3)(a)). In deciding whether to grant guardianship over a parent's objection, the court may consider factors such as whether the parent is unwilling or unable to care adequately for the child, whether the petitioner is or recently has been the child's primary caretaker, and whether circumstances detrimental to the child exist if relief is denied (ORS 109.119(4)(b)). A "child-parent relationship" must have existed, in whole or in part, within the six months before filing (ORS 109.119(10)(a)). The section does not apply in juvenile dependency cases under ORS chapter 419B (ORS 109.119(9)).

Notice to the parents and the child. Notice of a petition must be personally served on the parents of a respondent when the petition is based on the respondent being a minor, and on any respondent who has reached 14 (ORS 125.065(1)). Service must be at least 15 days before the final date for filing objections, or at least 21 days before that date if the case is subject to the Uniform Child Custody Jurisdiction and Enforcement Act (ORS 125.065(3)). Notice also goes to the other people ORS 125.060(2) lists, including, for a minor, the person who had principal care of the minor during the prior 60 days and, if the minor has no living parents, any person a parent nominated as fiduciary in a will or other written instrument (ORS 125.060(2)(f), (g)).

Objections and a hearing. Objections must be made or filed within 15 days after notice is served or mailed (ORS 125.075(2)). A hearing must be held if the respondent objects and does not withdraw the objection before the hearing (ORS 125.080(2)), and the court must schedule a hearing when any person entitled to notice, a stepparent or stepchild, or another person the court allows presents objections (ORS 125.075(1), (3)); the court may also require a hearing on its own (ORS 125.080(1)).

Who the court chooses. Oregon has no ranked list of relatives. The court "shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to the respondent, any preference expressed by a parent of the respondent, the estate of the respondent and any impact on ease of administration that may result from the appointment" (ORS 125.200). The disqualifications in ORS 125.205 apply to guardians of minors too; they are described in the adult section below.

What a guardian of a minor may do. Under ORS 125.315(1)(e), the guardian of a minor "has the powers and responsibilities of a parent who has legal custody of a child, except that the guardian has no obligation to support the minor beyond the support that can be provided from the estate of the minor, and the guardian is not liable for the torts of the minor." The guardian may also consent to the adoption of a protected person who is a minor. Since January 1, 2026, the statute no longer lets a guardian consent to a minor's marriage (2025 c.224).

Teenagers likely to need adult guardianship. A parent or guardian may petition for an adult guardianship to take effect when the minor reaches majority, within 90 days before that date or at another time the court finds necessary and appropriate (ORS 125.055(6)(a)). The court must appoint a visitor on a petition for a guardian of a minor who is more than 16 years old when it determines there is a likelihood that a petition for an adult guardianship will be filed before the respondent reaches majority (ORS 125.150(1)(a)(B)).

When it ends. A fiduciary's authority ends on the fiduciary's death, resignation or removal or on the protected person's death, and a guardianship of a person appointed solely because of minority ends when the minor reaches 18 (ORS 125.230).

If parents are disputing custody between themselves, that is a family-law case, not a protective proceeding; see Oregon child custody laws. Grandparents seeking contact or visitation rather than guardianship can start with Oregon grandparents' rights.

A child's money and property

A guardian of a minor is not obliged to support the child beyond what the child's own estate can provide (ORS 125.315(1)(e)). When a minor has money or property that needs management, the property side is a conservatorship: the court may appoint a conservator if it finds by clear and convincing evidence that the respondent is a minor or financially incapable and has money or property that requires management or protection (ORS 125.400). The conservatorship rules are below.

Can a parent name a guardian in a will in Oregon?

A parent can name a preferred guardian, but chapter 125 contains no section that makes a will appointment take effect on its own. A guardian is still appointed by the court through a petition. The parent's choice matters in two ways: if the minor has no living parents, a person nominated as fiduciary in a parent's will or other written instrument must receive notice of a guardianship petition (ORS 125.060(2)(g)), and the court must give consideration to "any preference expressed by a parent of the respondent" when it picks the most suitable person (ORS 125.200).

Chapter 125 also contains no standby guardianship procedure that would let a parent arrange in advance for a guardian to take over on a triggering event. Wills themselves are covered on our Oregon wills and trusts page.

Letting a relative care for a child without going to court

Oregon has two short-term tools that do not involve a court. Neither one makes the caregiver a guardian.

Delegation of parental powers by power of attorney

ORS 109.056 lets a parent hand off parental powers for a limited time:

(1) Except as provided in subsection (2) or (3) of this section, a parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to adoption of a minor ward. (2) A parent or guardian of a minor child may delegate the powers designated in subsection (1) of this section to a school administrator for a period not exceeding 12 months.

ORS 109.056(1), (2)

A servicemember-parent of a minor child may delegate the same powers for a period not exceeding the term of active duty service plus 30 days (ORS 109.056(3)(b)). If the child is living with the other parent, the delegation must be to that parent unless a court finds it would not be in the child's best interests, subject to an exception for a servicemember-parent with joint custody who is married to someone other than the child's other parent (ORS 109.056(3)(c), (d)). The statute speaks of a "properly executed" power of attorney; the signing rules for powers of attorney generally are on our Oregon power of attorney laws page. Senate Bill 548 (2025 c.224), effective January 1, 2026, set Oregon's minimum marriage age at 18, removed a guardian's power to consent to a minor's marriage (ORS 125.315(1)(e)) and deleted marriage from the powers a parent may not delegate by power of attorney (ORS 109.056(1)); House Bill 3968 (2025 c.453), also effective January 1, 2026, added Space Force reservists to the servicemember-parent definition (ORS 109.056(3)(a)).

Relative caregiver affidavit for medical care and school

A relative caregiver is a competent adult 18 or older, related to the child by blood, marriage or adoption, who is not the parent or guardian and who represents in the affidavit that the child lives with the adult and that the adult is responsible for the child's care (ORS 109.572(6)). A relative caregiver acting under an affidavit may consent to medical treatment and educational services for a minor child that the child cannot otherwise legally consent to, but only "if, after reasonable efforts have been made to obtain the consent of the legal parent or guardian, the consent of the legal parent or guardian cannot be obtained" (ORS 109.575(1)). The statute limits it further:

• The parent controls. The relative caregiver's consent is superseded by any contrary decision of the legal parent or guardian, provided that decision does not threaten the child's life, health or safety (ORS 109.575(3)).
• One year. The affidavit expires one year after the date the relative caregiver gives it to a health care provider or school (ORS 109.575(5)).
• Ends if the child moves. If the child stops living with the caregiver, the caregiver must immediately notify each provider or school given the affidavit, and the affidavit is invalid once they receive the notice (ORS 109.575(4)).
• Payment. A relative caregiver who consents is liable to the health care provider or school for payment for the treatment or services provided (ORS 109.575(2)).
• Contents. The affidavit under ORS 109.580 must be signed and give identifying details for the child and the caregiver, their relationship, the caregiver's driver license or identification number, and the parent's contact information.

The affidavit is a consent tool for medical care and school services. It does not transfer custody and does not appoint a guardian.

How to become guardian of an adult in Oregon

Adult guardianship uses the same petition, notice and objection process as a child's case, with added protections.

The petition and notice

A petition must include, among its other contents, a statement about the nominated fiduciary's criminal convictions, bankruptcy, any prior removal as a fiduciary and any license revocation (ORS 125.055(2)). Notice goes to the respondent and to the persons ORS 125.060(2) lists, including the respondent's spouse, parents and adult children (or nearest relatives), a person living with the respondent, and any existing fiduciary, health care representative or agent under a power of attorney.

The respondent must be personally served if 14 or older, and the visitor appointed by the court may not be the one who serves the respondent (ORS 125.065(1)). Service must be at least 15 days before the final date for filing objections (ORS 125.065(3)). For a petition for a guardian alleging incapacity, ORS 125.070(3) sets the notice form that must be served on the respondent. For a conservatorship petition alleging financial incapability, or a petition for a minor, the notice must include, among other items, a statement of the respondent's rights: to be represented by an attorney, to file a written or oral objection, to request a hearing, to present evidence and cross-examine witnesses, to request at any time that the fiduciary's power be limited, and to request at any time the fiduciary's removal or a modification of the protective order (ORS 125.070(2)).

A single filing fee is collected for a petition regardless of whether it requests multiple fiduciaries or protective orders (ORS 125.055(1)(b)).

The court visitor

Every petition for a guardian for an adult triggers a visitor:

The court shall appoint a visitor upon the filing of a petition in a protective proceeding that seeks the appointment of: (A) A guardian for an adult respondent; (B) A guardian for a minor respondent who is more than 16 years of age, in cases where the court determines there is the likelihood that a petition seeking appointment of a guardian for the respondent as an adult will be filed before the date that the respondent attains majority ...; or (C) A temporary fiduciary who will exercise the powers of a guardian for an adult respondent.

ORS 125.150(1)(a)

The visitor may have no personal interest in the proceedings, must have training or expertise adequate to evaluate the respondent's functional capacity and needs, and must interview the respondent and the nominated guardian in person, where the respondent is located (ORS 125.150(2), (3)). The visitor "shall file a report in writing with the court within 15 days after the visitor is appointed," and the court may grant more time on a showing of necessity and good cause (ORS 125.155(1)). The report covers whether the petition's allegations are correct, whether a guardian is necessary, the nominee's suitability, recommended limits on the guardian's authority, and the respondent's wishes about counsel and attending the hearing (ORS 125.155). Since 2025, ORS 125.167 makes visitors immune from liability for acts done in good faith.

Oregon does not require a medical examination in every case. In deciding, the court considers the report of any physician, naturopathic physician or psychologist who has examined the respondent, "if there was an examination" (ORS 125.305(2)).

A lawyer for the respondent

Counsel is not appointed in every case. It depends on a hearing being held and on one of four triggers:

(6)(a) If the court requires that a hearing be held or a hearing is otherwise required under this section, the court shall appoint counsel for the respondent or protected person when: (A) The respondent or protected person requests that counsel be appointed; (B) An objection is made or filed to the petition or motion by any person; (C) The court has appointed a visitor under ORS 125.150, 125.160 or 125.605, and the visitor recommends appointment of counsel for the respondent or protected person; or (D) The court determines that the respondent or protected person is in need of legal counsel. (b) The court is not required to appoint counsel under this subsection if the respondent or protected person is already represented by counsel or otherwise objects to appointment of counsel.

ORS 125.080(6)

Fees for appointed counsel come from the respondent's estate when funds exist; the court may instead determine that the respondent is financially eligible for appointed counsel at state expense, paid by the executive director of the Oregon Public Defense Commission (ORS 125.080(7)).

The hearing and the burden of proof

The court may appoint a guardian for an adult only by clear and convincing evidence of the three findings in ORS 125.305(1): that the respondent is incapacitated, that the appointment is necessary as a means of providing continuing care and supervision, and that the nominee is qualified, suitable and willing to serve.

The statute also limits how far an adult guardianship may reach:

(1)(a) ... a guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person's actual mental and physical limitations.

ORS 125.300(1)(a)

Oregon does not create a separate "limited guardianship" status. The petition must state whether it seeks plenary authority or specified limited authority, and what less restrictive alternatives were considered and why they are inadequate (ORS 125.055(2)(i), (m)). The order may be no more restrictive upon the protected person's liberty than is reasonably necessary (ORS 125.305(2)), and the court may impose conditions and limitations on the fiduciary, including limits on the duration of the appointment (ORS 125.025(3)(L)).

Who serves as guardian

The court appoints "the most suitable person who is willing to serve," weighing the respondent's circumstances and stated desires, family relationship, any parent's preference, the estate and ease of administration (ORS 125.200). There is no priority order of spouse, adult child and parent.

ORS 125.205(1) disqualifies a person who:

• is incapacitated, financially incapable or a minor;
• is acting as a health care provider, as defined in ORS 127.505, for the protected person; or
• is the protected person's parent or former guardian, where, while the protected person was in that person's care, custody or control, a court entered an order taking the protected person into protective custody under ORS 419B.150 or committing the protected person to the legal custody of the Department of Human Services, along with the further conditions ORS 125.205(1)(c) sets out.

For people with no relatives or friends willing or able to serve and no means to hire a private fiduciary, the Oregon Public Guardian and Conservator must provide public guardian and conservator services (ORS 125.680(2)).

What an Oregon guardian can decide, and the rights the person keeps

A guardian's powers are set by ORS 125.315 and by the court's order, and several limits are written into the statute:

• Health care. A guardian may consent to, refuse or withdraw consent to health care, subject to Oregon's health care decision statutes in ORS 127.505 to 127.660 (ORS 125.315).
• Sterilization. "A guardian may not authorize the sterilization of the protected person" (ORS 125.320(1)).
• Nutrition and hydration. A guardian may consent to withholding or withdrawing artificially administered nutrition and hydration only in the circumstances described in ORS 127.580(1)(a), (b), (d), (e) or (f), and, for the medical conditions in paragraphs (b), (d), (e) or (f), only if "the condition has been medically confirmed," a defined term meaning a second physician or health care provider who has examined the person has confirmed the attending provider's opinion (ORS 125.315(3), 127.505(17)).
• Moving the person. Before a guardian may change the abode of an adult protected person or place the person in a mental health treatment facility, a nursing home or other residential facility, the guardian must file with the court and serve a statement of intent at least 15 days before each change, under the procedure and the emergency rules in ORS 125.320(3).
• Friends and family. A guardian may not limit a protected person's preferred associations except as specifically allowed by the court or to the extent the guardian determines necessary to avoid unreasonable harm to the person's health, safety or well-being (ORS 125.323(2)). On a motion to modify such limits, the court must schedule the hearing no later than 60 days after the motion is filed (ORS 125.323(4)(d)).

The person under guardianship keeps every right the court has not taken away:

(2) An adult protected person for whom a guardian has been appointed is not presumed to be incompetent. (3) A protected person retains all legal and civil rights provided by law except those that have been expressly limited by court order or specifically granted to the guardian by the court. Rights retained by the person include but are not limited to the right to contact and retain counsel and to have access to personal records.

ORS 125.300(2), (3)

Annual reports

"Not later than 30 days following each anniversary of appointment, a guardian for an adult protected person shall file with the court a written report" (ORS 125.325(1)). The report must include a declaration under penalty of perjury in the form ORCP 1 E requires (or an unsworn declaration under ORS 194.800 to 194.835 if the declarant is outside the United States), and copies go to the persons listed in ORS 125.060(3).

Temporary guardianship in an emergency

ORS 125.600 allows a short-term appointment, with three findings and strict time limits:

(1) A temporary fiduciary who will exercise the powers of a guardian may be appointed by the court if the court makes a specific finding by clear and convincing evidence that the respondent is incapacitated or a minor, that there is an immediate and serious danger to the life or health of the respondent, and that the welfare of the respondent requires immediate action. ... (3) A temporary fiduciary may be appointed only for a specific purpose and only for a specific period of time. The period of time may not exceed 30 days. The court may extend the period of the temporary fiduciary's authority for an additional period not to exceed 30 days upon motion and good cause shown.

ORS 125.600(1), (3)

Notice of the petition must be given at least two days before the appointment, unless the danger requires immediate action, and in no event more than two days after the appointment (ORS 125.605(2)). For a temporary guardian of an adult, the court must appoint a visitor (ORS 125.150(1)(a)(C)), who interviews the respondent within three days and reports within five days (ORS 125.605(4)). If that visitor recommends counsel and a hearing is held, the court must appoint counsel for the respondent, subject to the same exceptions as in any other case (ORS 125.080(6)). If anyone objects to the appointment or an extension, the court must hear the objections within two judicial days after they are filed, and no fee is charged for filing the objection (ORS 125.605(5)). The court may end a temporary fiduciary's authority at any time (ORS 125.600(3)).

How an Oregon guardianship ends or rights are restored

A protected person may move to end the case, and the statute puts the burden on the fiduciary who resists:

A protected person is entitled to the same rights and procedures provided in the original proceedings when a motion to terminate the protective proceeding is filed and a fiduciary opposes the motion. The fiduciary has the burden of proving by clear and convincing evidence that a protected person continues to be incapacitated or financially incapable if a motion to terminate a protective proceeding is filed and the fiduciary opposes the motion. A visitor must be appointed if a motion for termination of a guardianship is filed and objections are filed to the motion.

ORS 125.090(1)

The court may terminate the proceeding on a motion after determining, among the other grounds ORS 125.090(2) lists, that an appointment made because the person was incapacitated is no longer needed because the person is no longer incapacitated, or that termination would serve the protected person's best interests. Separately, the court may remove a fiduciary whenever that is in the protected person's best interests (ORS 125.025(3)(h)).

Conservatorship: managing money and property

A conservator manages the protected person's estate. The court may appoint a conservator and make other appropriate protective orders "if the court finds by clear and convincing evidence that the respondent is a minor or financially incapable, and that the respondent has money or property that requires management or protection" (ORS 125.400). The main safeguards:

• Bond. Unless the court directs otherwise, a conservator's bond equals the capital value of the estate in the conservator's control plus one year's estimated income, minus money and securities deposited under court-restricted arrangements and real property the conservator lacks power to sell without court authorization; letters do not issue until the bond is approved, and "the court may waive a bond for good cause shown" (ORS 125.410(1), (2)(a), (4)). Separate rules apply to trust companies, public guardians and the Oregon Department of Veterans' Affairs acting as fiduciary (ORS 125.410(2)(b)).
• Inventory. "Within 90 days after the date of appointment, unless a longer time is granted by the court," a conservator must file an inventory of all the property of the protected person's estate (ORS 125.470(1)).
• Accountings. Unless the court orders otherwise, a conservator must account to the court within 60 days after each anniversary of appointment, and also within 60 days after the protected person dies, a minor protected person reaches majority or an adult protected person becomes able to manage the person's financial resources, and within 30 days after the conservator's removal or resignation (ORS 125.475(1)).
• Orders without a conservator. "The court may enter protective orders without the appointment of a fiduciary or in addition to appointment of a fiduciary," but only upon a determination that grounds exist for the appointment of a fiduciary, and the petition must meet all the requirements for a petition to appoint one (ORS 125.650(1)).

Alternatives to guardianship in Oregon

Supported decision-making. ORS chapters 125 and 109 contain no supported decision-making agreement provision setting a form, witnesses or rules for third parties to rely on one. Oregon's 2021 law on the subject, House Bill 2105, amended ORS 343.181 instead: a school district must give a child with a disability and the child's parents "information and training resources regarding supported decision-making as a less restrictive alternative to guardianship" at each individualized education program meeting that discusses post-secondary education goals and transition services (ORS 343.181(2)).

Powers of attorney and advance directives. An adult who still has capacity can sign a power of attorney and an advance directive. An existing agent under a power of attorney or health care representative must receive notice of a later guardianship petition (ORS 125.060(2)). Signing rules are on our Oregon power of attorney laws page. Free drafting tools are available for an Oregon power of attorney and an Oregon advance directive; a tool is not legal advice, and any document must be signed under the Oregon rules on the power of attorney page.

Family decisions without a guardian. Oregon's statutory order of decision-makers (a guardian with health care authority, then the spouse, then others in the order ORS 127.635(2) lists) applies to withholding or withdrawing life-sustaining procedures for an incapable adult who has no appointed health care representative or valid advance directive and is in one of the conditions ORS 127.635(1) lists, such as a terminal condition or permanent unconsciousness. It is not a general family-consent statute (ORS 127.635).

Protective orders without a fiduciary. The court may enter a protective order, such as authorizing a single transaction or a trust, without appointing a conservator, but only after determining that grounds exist for appointing a fiduciary (ORS 125.650(1), (5)).

Federal benefits. The Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints its own payee; a legal guardian is one person it may choose, not an automatic payee (20 C.F.R. § 404.2001(b)(2)). The guardianship hub covers the federal layer.

Moving to or from Oregon with a guardianship

Oregon has adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act at ORS 125.800 to 125.852. A guardianship can be transferred from Oregon to another state (ORS 125.837) or accepted from another state (ORS 125.840). A guardian appointed in another state may also register the order here:

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.

ORS 125.842

The person registering the order must pay the filing fee established under ORS 21.145 (ORS 125.842).

Oregon guardianship at a glance

Related Oregon pages

• Guardianship laws by state
• Oregon power of attorney laws
• Oregon child custody laws
• Oregon grandparents' rights
• Oregon probate

This article provides general legal information about Oregon guardianship and conservatorship law, not legal advice. Protective proceedings turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Oregon or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Oregon?

A grandparent or other interested person files a petition in a protective proceeding under ORS chapter 125, and the child's parents must be personally served (ORS 125.065). The court may appoint a guardian only if it finds by clear and convincing evidence that the child is a minor in need of a guardian, that the appointment is necessary for continuing care and supervision, and that the nominee is qualified, suitable and willing (ORS 125.305(1)). A grandparent with a child-parent relationship may instead petition under ORS 109.119, where the parent is presumed to act in the child's best interest and that presumption must be rebutted by a preponderance of the evidence.

Can a parent give a relative temporary custody in Oregon without court?

A parent may delegate powers over a child's care, custody or property by a properly executed power of attorney for up to six months, or up to 12 months to a school administrator, except the power to consent to adoption of a minor ward (ORS 109.056). A servicemember-parent may delegate for up to the term of active duty plus 30 days, and if the child lives with the other parent the delegation must generally be to that parent (ORS 109.056(3)). A delegation is not a court-appointed guardianship.

How long does an Oregon relative caregiver affidavit last?

It expires one year after the date the relative caregiver gives it to a health care provider or school, and it becomes invalid sooner once a provider or school receives notice that the child no longer lives with the caregiver (ORS 109.575(4)). It allows consent only when the parent's consent cannot be obtained after reasonable efforts; a parent's contrary decision controls unless it threatens the child's life, health or safety (ORS 109.575).

Does the person get a lawyer in an Oregon guardianship case?

When a hearing is held, the court must appoint counsel if the respondent asks, anyone objects, the visitor recommends counsel, or the court finds the respondent needs a lawyer, unless the respondent already has one or objects (ORS 125.080(6)). A visitor is appointed on every petition for a guardian for an adult (ORS 125.150).

What must be proved to get guardianship of an adult in Oregon?

Clear and convincing evidence that the respondent is incapacitated, that a guardian is necessary for continuing care and supervision, and that the nominee is qualified, suitable and willing (ORS 125.305(1)). The guardianship may be ordered only to the extent the person's actual mental and physical limitations require (ORS 125.300(1)(a)).

How long does a temporary guardianship last in Oregon?

A temporary fiduciary is appointed for a specific purpose for no more than 30 days, and the court may extend that once, by up to 30 more days, on motion and good cause shown (ORS 125.600(3)). The court must first find by clear and convincing evidence an immediate and serious danger to the respondent's life or health (ORS 125.600(1)).

Can an Oregon guardian move someone into a nursing home?

Before changing an adult protected person's abode or placing the person in a nursing home, mental health treatment facility or other residential facility, the guardian must file and serve a statement of intent at least 15 days in advance, under the procedure and emergency rules in ORS 125.320(3).

Does Oregon have supported decision-making agreements?

ORS chapters 125 and 109 contain no supported decision-making agreement provision. Oregon's 2021 law, HB 2105, instead requires school districts to give students with disabilities and their parents information about supported decision-making as a less restrictive alternative to guardianship at transition-planning IEP meetings (ORS 343.181(2)).

How can a guardianship be ended in Oregon?

The protected person may move to terminate, and if the guardian opposes, the guardian must prove by clear and convincing evidence that the person is still incapacitated; a visitor must be appointed if objections are filed to the motion (ORS 125.090(1)). A guardianship based only on minority ends when the minor turns 18 (ORS 125.230).