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Guardianship



Duties of a Guardian

A guardian undertakes serious duties and responsibilities that are required by the laws of Oregon. Chapter 125 of the Oregon Revised Statutes governs guardianships and outlines those responsibilities.

​​A guardian must:

  • Promptly report to the court any change of the guardian's name, residence, or mailing address.
  • Follow the laws about being a guardian (see Chapter 125).
  • File a guardian's report every year (explained below).
  • Get court approval before using the protected person's funds for room and board that the guardian or the guardian's spouse, parent, or child have furnished to the protected person.
  • File a statement with the court and notify the protected person before placing an adult protected person in a residential facility (explained below).
  • Tell the court if the guardianship is no longer needed because the protected person has died or for other reasons.
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Guardian's Report

The guardian's report is available in the court’s forms center, under probate​. The report must be signed before a notary public and is required for all guardianship cases. ​The report must be filed 30 days after the anniversary of the guardian's appointment each year, unless the court grants an extension of time. The law requires the guardian to send copies of the report to certain people.

​These people are:

  • the protected person;
  • the protected person's conservator, if any; and
  • any person who has filed with the court a request for notice of the proceedings.

Each year, the guardian should fill out and send to the court a proof of mailing to show that the guardian sent the copies of the report as required by law.
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Changing the Placement of a Protected Person

​Per ORS 125.320(3)(a), you must file a statement with the court before changing the abode of a protected person -or- placing a protected person in a residential facility (a residential facility includes a foster care home, a nursing home, a mental health treatment, and so on). The statement tells the court where you intend to place the protected person. The statement must be filed and served in the manner provided for serving a motion under ORS 125.065 to the persons specified in ORS 125.060(3) and (8) at least 15 days prior to each change of abode or placement of the protected person. If no objection is received within 15 days from the date notice was given, you may then move the protected person without further court order. Failure to provide notices to the court or the interested parties is grounds for removing you as guardian(s). You must repeat this process each time you intend to move the protected person.

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A Court Visitor is a court appointed person who conducts interviews with parties in adult guardianship cases. They use their findings and file a report to help the court determine if the proposed protected person needs a guardian.

Per Presiding Judge Order Number 23-05 Visitors must have certain qualifications and training and will charge a fee of $400.00 for their services. The fee is collected at the time of filing a guardianship case and paid to the Visitor once their report is filed.

In addition, the Presiding Judge has ordered that all Columbia County Court Visitors view the following three training videos developed by the Oregon Judicial Department:

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