Oregon Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   Oregon guardianship of a minor is a protective proceeding filed in the probate department of the circuit court, under the same chapter of law used for adult guardianships. There is no statewide guardianship petition form; some circuit courts publish their own local packet, but none is required statewide, and the document below is a working draft either way.

2. 2

   A temporary fiduciary can be appointed for a specific purpose and for no more than 30 days, extendable by the court for one additional period of up to 30 days on motion and good cause, on clear and convincing evidence that the child faces immediate and serious danger to life or health and needs immediate action.

3. 3

   Notice ordinarily must go out at least 2 days before a temporary appointment, but the court can waive advance notice for immediate danger if notice is then given within 2 days after the appointment.

4. 4

   Notice of the general petition goes to the child if 14 or older, the spouse, parents, and adult children of the respondent, close relatives if none of those exist, anyone who lives with and is interested in the child's welfare, any previously nominated or appointed fiduciary, trustee, health care representative, or attorney-in-fact, the person who had principal responsibility for the child's care during the 60 days before filing, any person a parent nominated as fiduciary in a will or other written instrument if the child has no living parent, and, if applicable, a U.S. Department of Veterans Affairs representative.

5. 5

   Oregon's guardianship statute does not list parental consent as a separate element, but where a parent objects, the court also applies the state's nonparent-custody statute: a presumption that the legal parent acts in the child's best interest, rebuttable only by a preponderance of the evidence showing the petitioner has established emotional ties creating a child-parent relationship with the child.

6. 6

   Oregon does not automatically require a court investigator, called a visitor, for an ordinary guardianship of a child under 16; a visitor is required for an adult respondent and for a minor over 16 headed toward adult guardianship. Instead, the petition itself must disclose whether the nominated guardian has a criminal conviction, a bankruptcy filing, a surcharge for a prior loss, a past removal as a fiduciary, or a revoked professional license.

7. 7

   This guardianship does not end a parent's parental rights and is not adoption. A guardianship appointed because of the child's minority ends automatically once the child turns 18, and a parent may ask the court to end it sooner.

Oregon Requirements for Guardianship of a Minor Petition

• Probate-Department Protective Proceeding

  An Oregon guardianship of a minor is a protective proceeding filed in the probate department of the circuit court, under the same chapter of law that covers guardianship and conservatorship of an incapacitated adult.

• No Statewide Petition Form

  Oregon has no statewide guardianship petition form. Some circuit courts, such as Multnomah County, publish their own local packet, but none is required statewide, so the petition otherwise follows the content the statute requires.

• 30-Day Temporary Fiduciary, Extendable Once

  A temporary fiduciary can be appointed for a specific purpose and for no more than 30 days, on clear and convincing evidence of immediate and serious danger to the child, extendable by the court for one additional period of up to 30 days on motion and good cause.

• Notice to Listed Relatives and the Child at 14

  Notice of the petition goes to the child if 14 or older, the spouse, parents, and adult children of the respondent or the closest relatives if none exist, anyone cohabiting with and interested in the child's welfare, any previously nominated or appointed fiduciary, trustee, health care representative, or attorney-in-fact, the person who had principal responsibility for the child's care during the 60 days before filing, any person a parent nominated as fiduciary in a will or other written instrument if the child has no living parent, and, if applicable, a U.S. Department of Veterans Affairs representative.

• Parental Objection Triggers a Best-Interest Presumption

  Where a parent objects, Oregon courts apply the state's nonparent-custody statute alongside the guardianship statute: a presumption that the legal parent acts in the child's best interest, rebuttable only by a preponderance of the evidence showing the petitioner has emotional ties creating a child-parent relationship with the child.

• No Automatic Investigation Under Age 16

  A court investigator, called a visitor, is not automatically required for an ordinary guardianship of a child under 16; the petition must instead disclose the nominated guardian's own criminal, bankruptcy, surcharge, removal, or license history.

• Guardian Bond Discretionary, Conservator Bond Presumed

  A bond for a guardian of the person is discretionary and not required by default, while a conservator of the minor's estate, a separate role under Oregon law, must generally post a bond covering the estate's value plus a year's estimated income unless the court waives it for good cause.

• Guardianship Ends Automatically at 18

  A guardianship appointed solely because of the child's minority ends automatically once the child turns 18, does not terminate the parents' parental rights, and is not adoption; a parent may petition to end it sooner.

• Power-of-Attorney Delegation as an Out-of-Court Option

  A parent can delegate parental powers, other than consenting to marriage or adoption, through a signed power of attorney for up to 6 months, or up to 12 months for a delegation to a school administrator, without filing a guardianship case in court.