Oregon Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   Oregon's instrument is a power of attorney delegating parental powers under ORS 109.056(1). The parent or guardian of the minor signs it, and the person receiving the powers is named as the delegate. The statute has no short title.

2. 2

   The delegation may last for a period not exceeding six months. A parent or guardian may delegate to a school administrator for a period not exceeding 12 months. A servicemember-parent may delegate for a period not exceeding the term of active duty service plus 30 days. The statute is silent on renewal.

3. 3

   ORS 109.056 requires a properly executed power of attorney but does not define that term. The text does not say whether one or both parents must sign, and it does not settle whether a notary, witnesses, filing or notice to the other parent is required.

4. 4

   The parent or guardian may delegate any of the powers of the parent or guardian regarding care, custody or property of the minor child. The power to consent to adoption of a minor ward cannot be delegated. This page does not promise that any school or medical provider must accept the power of attorney.

5. 5

   A separate instrument exists: the relative caregiver affidavit under ORS 109.572 to 109.580. The caregiver signs it, not the parent. The caregiver must be 18 or older and related to the child by blood, marriage or adoption. It covers only medical treatment and educational services when the parent cannot be reached, and it expires one year after it is given to the provider or school.

6. 6

   This is not a court guardianship. It does not transfer custody, and the parent's rights are unchanged. For the affidavit, a health care provider or school may, but is not required to, rely on it if it has no actual notice of falsity, and a caregiver acting in good faith is not subject to civil or criminal liability. A parent's contrary decision overrides the caregiver's consent unless it threatens the child's life, health or safety.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Oregon courts can appoint a guardian of a minor under ORS 125.305, or a temporary fiduciary under ORS 125.600 on clear and convincing evidence of immediate and serious danger to life or health, for a period that may not exceed 30 days, which the court may extend for an additional period not to exceed 30 days upon motion and good cause shown. A court guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Oregon child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Oregon Requirements for Temporary Guardianship Agreement

• Parent-Signed Power of Attorney

  A parent or guardian of a minor, by a properly executed power of attorney, may delegate to another person any of the powers of the parent or guardian regarding care, custody or property of the minor child (ORS 109.056(1)).

• Six-Month Term

  The general delegation may be for a period not exceeding six months. The statute is silent on renewal (ORS 109.056(1)).

• School Administrator Term

  A parent or guardian may delegate the powers to a school administrator for a period not exceeding 12 months (ORS 109.056(2)).

• Servicemember-Parent Term

  A servicemember-parent may delegate the powers for a period not exceeding the term of active duty service plus 30 days (ORS 109.056(3)).

• Properly Executed Power of Attorney

  The statute requires a properly executed power of attorney but does not define that term. It does not state whether one or both parents must sign, and its text does not settle whether a notary, witnesses, filing or notice to the other parent is required (ORS 109.056(1)).

• Adoption Consent Excluded

  The power to consent to adoption of a minor ward cannot be delegated, and the document should state that exclusion (ORS 109.056).

• Effective Date and End Date

  The document should state the effective date and an end date within the applicable cap: six months generally, 12 months for a school administrator, or the term of active duty plus 30 days for a servicemember-parent (ORS 109.056).

• Relative Caregiver Affidavit Is Separate

  The relative caregiver affidavit is signed by the caregiver, who must be 18 or older and related by blood, marriage or adoption, and covers only medical treatment and educational services when the parent cannot be reached (ORS 109.572, 109.575, 109.580).