Adult Guardianship in Oregon

Reviewed by DocDraft Legal Team - Oregon - Last updated October 9, 2026

In Oregon a circuit court appoints a guardian (for the person) or a conservator (for money and property) in a "protective proceeding" under ORS chapter 125, and the adult is called the "respondent" and then the "protected person" (ORS 125.010). The court finds a guardian is needed only by clear and convincing evidence that the respondent is "incapacitated", that the appointment is necessary as a means of providing continuing care and supervision, and that the nominated person is both qualified and suitable, and is willing to serve (ORS 125.305(1)). The court itself says there are no statewide forms for most guardianship or conservatorship actions, so the petition follows the contents the statute prescribes (ORS 125.055(2)). A court visitor is appointed upon the filing of a petition seeking a guardian for an adult respondent (ORS 125.150), and notice of the petition is personally served on a respondent 14 or older, at least 15 days before the final date for filing objections (ORS 125.065).

Oregon's protective proceeding, court visitor and objection-deadline notice

Oregon uses its own structure. One chapter, ORS chapter 125 (Protective Proceedings), covers both a guardian for the person and a conservator for money and property, each called a "fiduciary", and a single petition can seek both (ORS 125.055(1)(b) sets a single filing fee regardless of multiple fiduciaries). The adult is the "respondent" and then the "protected person", and the finding is "incapacitated" for a guardian or "financially incapable" for a conservator (ORS 125.005). Incapacitated means a condition in which the ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person's physical health or safety. The court may appoint a guardian only if it determines by clear and convincing evidence that the respondent is incapacitated, that the appointment is necessary as a means of providing continuing care and supervision, and that the nominated person is both qualified and suitable, and is willing to serve (ORS 125.305(1)); a conservator requires clear and convincing evidence that the respondent is financially incapable and has money or property that requires management or protection (ORS 125.400). An adult protected person with a guardian is not presumed to be incompetent (ORS 125.300(2)). The court's own guardianship page states that there are no statewide forms available for most guardianship or conservatorship actions; the statute prescribes petition contents (ORS 125.055(2)) and the 14-point "NOTICE TO RESPONDENT" language (ORS 125.070). The distinctive step is the court visitor, appointed upon the filing of a petition seeking an adult guardian, who interviews the respondent and the nominee and investigates the alternatives considered (ORS 125.150). Counsel is not automatic: where a hearing is held or required, the court appoints it when the respondent requests it, anyone objects to the petition, the visitor recommends it, or the court finds need, unless the respondent is already represented or objects to the appointment (ORS 125.080). A temporary fiduciary may be appointed only on a specific finding by clear and convincing evidence of incapacity (or financial incapacity), an immediate and serious danger to life or health (or the estate), and welfare requiring immediate action, for up to 30 days with one extension of up to 30 more days on motion and good cause (ORS 125.600), and a guardian of an adult files a written report not later than 30 days following each anniversary of appointment.

Relevant Laws

Regional Variances

Suggested Compliance Checklist

Other Oregon guides