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.
"Training for non-professional fiduciaries is now required by Presiding Judge Order. Beginning March 1, 2017, any non-professional fiduciary appointed will be required to attend training through Guardian Partners. For general information regarding the program, please contact: Kristy Wood, Executive Director, 971.409.1359, or visit their website at http://www.guardian-partners.org/. For questions regarding the Court's policy and procedures, please contact the probate department at 503.588.5141."
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.
A copy of the guardian's report is available in the forms section of this web site. The form must be signed before a notary public.
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.
Marion County does require a guardian's report for guardianships of minor children. (Some counties do not.)
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. (To find out who has requested notice, go to the Records office on the first floor of the Marion County Courthouse.)
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.
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 intend to move the protected person.