A guardian is someone the court chooses to help care for and protect another person who cannot take care of themselves. This person is called the protected person. They might be a child, an older adult, or someone with a disability who needs help due to age, illness, disability or another reason.
Guardians have important legal responsibilities. Oregon law (ORS Chapter 125) explains what guardians must do, including how to report to the court and how to make choices that are best for the protected person.
To help you understand your role, we've organized the most important topics below:
- Guardian Responsibilities
- Annual Reports
- Moving the Protected Person
- Court Visitors
Starting a Guardianship Case
If you want to start a guardianship case, visit the
Columbia County forms webpage. Look under the
Probate section to find the right guardianship forms.
As a guardian, you must file a Guardian's Report with the court every year. This report helps the court understand how the protected person is doing and how you are managing their care.
When to File
- The report is due 30 days after the anniversary of the date you were appointed as guardian.
- If you need more time, you must ask the court for an extension.
Where to Find the Form
Who You Must Send It To
You are required to send a copy of the report to:
- The protected person
- The protected person's conservator (if they have one)
- Anyone who has asked the court to be notified about the case
You must also file a Proof of Mailing form to show that you sent the report to the required people.
If you do not file the annual guardian's report timely, the court may remove you as guardian.
As a guardian, you have important legal duties to protect and support the person under your care. Here's what you are required to do:
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Keep your contact information up to date.
- Let the court know right away if your name, address, or phone number changes.
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Follow Oregon's guardianship laws.
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You are expected to understand and follow the rules in ORS Chapter 125.
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File a yearly Guardian's Report.
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This report tells the court how the protected person is doing. (See the next section for details).
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Get court approval before using the protected person's money for room and board.
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This applies if you - or a close family member - are providing housing or meals.
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Notify the court before mvoing the protected person into a care facility.
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This includes places like nursing homes, foster care, or mental health treatment centers. (See the section below for details).
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Let the court know if the guardianship is no longer needed.
- For example, if the protected person passes away or regains the ability to care for themselves.
These duties are in place to protected the rights and well-being of the person under guardianship. Failing to follow them could result in removal as guardian.
In adult guardianship cases, and minor guardianships when the individual is 16 years or older, the court appoints a Court Visitor - a neutral individual who interviews the involved parties and files a report with the court. This report helps the judge determine whether a guardianship is necessary and appropriate for the proposed protected person.
Per Presiding Judge Order No. 23-05 (PDF), all Court Visitors in Columbia County must meet specific qualifications and complete required training. A $400.00 fee is collected at the time of filing a guardianship petition and is paid to the Visitor after their report is submitted.
To ensure consistency and quality, all Columbia County Court Visitors are required to view the following training videos developed by the Oregon Judicial Department:
For additional trianing materials and resources, visit the
Oregon Judicial Department Court Visitor Webpage.
Need More Information?
If you have questions, please contact the Columbia County Probate Clerk at 503-397-2327.
If you plan to move the protected person to a new home or care facility, Oregon law requires you to follow a specific process.
What You Need to Do
Before the move, you must:
- File a written notice with the court that explains where the protected person will be living.
- Send a copy of the notice to certain people involved in the case (as listed in ORS 125.060 and 125.065).
- Wait 15 days after giving notice. If no one objects, you may go ahead with the move.
This rule applies to any move, including:
- A new private residence
- A foster care home
- A nursing home
- A mental health treatment facility
You must repeat this process every time the protected person moves to a new location.
If you move the protected person without giving proper notice, the court may remove you as guardian.