Oregon Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Oregon court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on ORS chapter 125, the Oregon protective proceedings chapter

By Settled Estate EditorialPublished: June 28, 2026Updated: August 25, 2026

What guardianship and conservatorship mean here

Oregon does not run a stand-alone guardianship case. It runs a protective proceeding under ORS chapter 125, and a guardian, a conservator, a temporary fiduciary or a bare protective order are the four things a court can come out of one with. The case is filed in the court that holds probate jurisdiction where the respondent lives or is present, and any person interested in that person's affairs or welfare may file it. The petition itself has to say which less restrictive alternatives were considered and why they were not enough, so the alternatives question is answered on paper before a judge ever reads the file. In an adult guardianship the court must appoint a court visitor, who interviews the respondent in person, interviews the person nominated as guardian, and files a written report within fifteen days. Anyone interested has fifteen days to object, and an objection by the respondent turns the case into a hearing at which the court appoints a lawyer for them. The judge has to find by clear and convincing evidence that the adult is incapacitated, that the appointment is needed to provide continuing care and supervision, and that the nominated person is qualified, suitable and willing, and the resulting order may be no more restrictive on that adult's liberty than is reasonably necessary.

Oregon splits the job the way most states do, but the umbrella word is different. A GUARDIAN makes personal decisions: where the person lives, what health care they get, and day-to-day care. A CONSERVATOR manages money and property. Both are called FIDUCIARIES, the person they act for is the PROTECTED PERSON, the person a petition is filed about before any order exists is the RESPONDENT, and the case as a whole is a PROTECTIVE PROCEEDING. Oregon also uses two condition words that are not interchangeable: a person is INCAPACITATED when the ability to receive and evaluate information or communicate decisions is impaired enough that they presently cannot meet the requirements for their own physical health or safety, which is the guardianship test, and FINANCIALLY INCAPABLE when they cannot effectively manage financial resources, which is the conservatorship test. A person can be one without being the other, and Oregon expects the petition to say which one it is asking the court to find.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of the person of an adult

Personal decisions. Unless the order limits it, the guardian has custody of the protected person and may establish where they live inside or outside Oregon, provides for their care, comfort and maintenance, arranges training and education where appropriate, may consent to or refuse health care, may receive money and personal property payable to the person and apply it to their support, and may make funeral and burial arrangements. The court finds by clear and convincing evidence that the adult is incapacitated, that appointment is necessary to provide continuing care and supervision, and that the nominated person is qualified, suitable and willing. The order must be no more restrictive on the adult's liberty than is reasonably necessary, and the adult is not presumed incompetent because a guardian was appointed.

ORS 125.305

Conservator of the estate

Money and property. The conservator takes possession of the protected person's property of substantial value and the income from it, but title stays with the protected person and never passes to the conservator. Some acts need court approval first, including selling the protected person's principal residence, creating a trust, changing insurance or annuity beneficiaries, disclaiming an inheritance, and revoking a transfer on death deed. Gifts above $250 to one person in a calendar year, or above $1,000 in total for the year, also need prior approval. The court finds by clear and convincing evidence that the respondent is a minor or financially incapable and has money or property that requires management or protection. A conservator may let the protected person keep possession and control of property and funds for living requirements as their needs and capacities allow.

ORS 125.400

Limited authority instead of plenary authority

Only the powers the order names. Oregon does not use a separate case type for this. The petition itself must state whether it seeks plenary authority or specified limited authority for the nominated fiduciary, and the letters of conservatorship carry a LIMITATIONS line for the court to fill in. Whenever a full appointment would do more than the person's actual limitations require. The statutory instruction runs the same way in both directions: a guardianship may be ordered only to the extent necessitated by the person's actual mental and physical limitations, and the order may be no more restrictive on their liberty than is reasonably necessary.

ORS 125.055

More guardianship types10 additional arrangements courts use in specific situations, with statute cites

Temporary fiduciary, which is Oregon's emergency appointment

Guardian powers, conservator powers, or both, confined to the single purpose the order names and to a stated period. Thirty days is the ceiling on the first order, one extension of up to thirty more may be granted on motion and good cause, and the judge can cut it short at any point. Reach for this when waiting out an ordinary appointment would put the person or their money at real risk. Sixty days across the original order and its one extension is the outside limit, so it is a bridge rather than the permanent answer, and every clock in the case runs faster: two days notice ahead of the appointment, an in-person interview inside three days, a visitor report inside five, and any objection heard inside two judicial days.

ORS 125.600

Guardian for a minor

The guardian of a minor has the powers and responsibilities of a parent with legal custody, except that there is no duty to support the minor beyond what the minor's own estate can provide and the guardian is not liable for the minor's torts. A guardian of a minor may consent to the minor's adoption. When the court finds by clear and convincing evidence that the minor needs a guardian. The authority ends automatically when a protected person who has a guardian solely because of minority turns 18. A parent or guardian may also petition, within 90 days before the minor turns 18 or at another time the court finds necessary, for an adult guardianship that takes effect on the date the minor attains majority.

ORS 125.230

Conservator for a minor

Management of a minor's money and property, on the same terms as an adult conservatorship, including the 90-day inventory and the annual accounting. When a minor has money or property that requires management or protection and no smaller route fits. Oregon supplies two smaller routes first: up to $10,000 a year may be paid to a caregiver, a guardian or the minor's own insured savings account without any conservator, and a claim of $25,000 or less may be settled by the person with legal custody without a conservator if the money is routed as ORS 126.725 directs.

ORS 125.400

Guardian for a vulnerable youth

A guardianship for a person who is at least 18 but under 21, is eligible for classification under 8 U.S.C. 1101(a)(27)(J), and cannot be reunified with a parent because of abuse, neglect or abandonment that happened while they were a minor. It is designed to encourage maximum self-reliance and may be ordered only to the extent the young person consents and the circumstances justify. A guardian for a vulnerable youth may not possess or control the youth's identity documents. Created by the 2021 Legislative Assembly to support special immigrant juvenile findings for young adults. The youth must file a signed declaration consenting to the appointment, the court has discretion rather than an obligation to appoint a visitor, and the guardianship ends at 21 or earlier on the youth's own motion.

ORS 125.300

Protective order without any fiduciary

A court order that authorizes, directs or ratifies a single transaction or arrangement without putting anyone in charge of the person or the estate. The court may exercise any power a guardian or conservator could exercise, or appoint a fiduciary whose authority is limited to a stated time and to the specific acts needed to carry the order out. When a one-time act is what is actually needed, such as approving a sale, a deposit, a life care contract, or the funding of a trust. The petition must meet every requirement that applies to a petition to appoint a fiduciary, and the court may enter the order only after determining that grounds exist for an appointment.

ORS 125.650

Professional fiduciary

A paid guardian or conservator serving people who are not related to them. Oregon does not license these, it screens them inside the case: the petition must prove certification by the Center for Guardianship Certification as a National Certified Guardian or National Master Guardian, disclose the fee structure and any revenue sharing, name the service providers the fiduciary repeatedly contracts with, and state how many protected persons the fiduciary already serves. When no suitable family member or friend is available. The professional fiduciary and every staff member responsible for client decisions or client assets must undergo a criminal records check before the court may appoint them, and any conviction after that check must be disclosed to the court.

ORS 125.240

Oregon Public Guardian and Conservator

A statewide public fiduciary in the office of the Long Term Care Ombudsman, appointed to a four-year term, who may act through certified deputy public guardians and conservators. The office files one official bond for all its cases rather than a bond in each estate, and the court may not charge it a filing fee. Only when the office has petitioned for or consented to the appointment. A court cannot draft it. The court must order the client or the client's estate to pay reasonable expenses and compensation for the services, and if the client is indigent the office holds a claim for the unpaid portion.

ORS 125.687

County public guardian and conservator

An optional county office. A county court or board of county commissioners may create one after finding that people in the county need a guardian or conservator and have no relative or friend willing and able to serve, may fund it with county money, and may abolish it later if the need goes away. Availability is county by county rather than statewide, so whether this exists where you live is a local question. The office is separate from the statewide Oregon Public Guardian and Conservator.

ORS 125.700

Interim and successor fiduciary

When a fiduciary's authority ends, the court may appoint an interim fiduciary for a period of not more than 60 days, and it may do that without appointing a visitor or running the usual notices unless the court decides otherwise. A permanent replacement is a successor fiduciary, and that petition is filed the same way an original petition is filed and is subject to every rule that applies to an original petition. On the death, resignation or removal of the serving guardian or conservator. There is no filing fee for a successor fiduciary petition.

ORS 125.225

Out-of-state guardianship registered in Oregon

A guardian or conservator appointed in another state may register the order in Oregon by filing certified copies of the order and letters of office, and any bond, as a foreign judgment, after giving notice to the appointing court. Once registered, they may exercise in Oregon every power the original order authorized, except any that Oregon law prohibits. When a protected person or their property moves to Oregon and no Oregon petition is pending. A guardianship order is registered in any appropriate county; a conservatorship order is registered in a county where the property is located. The filing fee is the ORS 21.145 fee.

ORS 125.847

The Oregon guardianship court process

1Decide whether a smaller tool would do the jobOregon makes you answer this on paper.

Oregon makes you answer this on paper. The petition has to state the less restrictive alternatives that were considered and why they are inadequate, and the court must dismiss the case without prejudice or order an amended petition if it does not. Before filing, check whether an existing power of attorney, an advance directive naming a health care representative, a trust, a representative payee arrangement, a one-time protective order under ORS 125.650, or one of the minor money routes in ORS chapter 126 already covers the actual problem.

2File the petition in the county where the person lives or is presentAny person interested in the respondent's affairs or welfare may file.

Any person interested in the respondent's affairs or welfare may file. File in the court with probate jurisdiction for that county, which is the circuit court in 30 counties and the county court in Gilliam, Grant, Harney, Malheur, Sherman and Wheeler. The caption must name the kind of fiduciary sought, or describe the protective order sought, and an original plus a duplicate copy are filed.

3Put the required content in the petitionThe petition states the respondent's name, age, residence and current location; the petitioner's interest; who is nominated and their relationship; whether the nominee has a criminal conviction, a bankruptcy, a fiduciary surcharge, a removal or a revoked professional license, with the circumstances of any of those; that the nominee is willing and able to serve; every existing fiduciary, trustee, health care representative and attorney-in-fact; the treating physician and other caregivers; the supporting facts and the rejected alternatives; whether the nominee intends a facility placement; a description of the estate and income; and whether plenary or limited authority is sought.

The petition states the respondent's name, age, residence and current location; the petitioner's interest; who is nominated and their relationship; whether the nominee has a criminal conviction, a bankruptcy, a fiduciary surcharge, a removal or a revoked professional license, with the circumstances of any of those; that the nominee is willing and able to serve; every existing fiduciary, trustee, health care representative and attorney-in-fact; the treating physician and other caregivers; the supporting facts and the rejected alternatives; whether the nominee intends a facility placement; a description of the estate and income; and whether plenary or limited authority is sought. A conservatorship petition adds the petitioner's estimate of the value of the estate, which sets the filing fee band.

4Pay one filing fee for the whole petitionA single filing fee is collected regardless of how many fiduciaries or protective orders the petition asks for, and it is the highest of the fees applicable under ORS 21.135, ORS 21.145(3), ORS 21.175 and ORS 21.180.

A single filing fee is collected regardless of how many fiduciaries or protective orders the petition asks for, and it is the highest of the fees applicable under ORS 21.135, ORS 21.145(3), ORS 21.175 and ORS 21.180. A guardianship petition is $124. A conservatorship petition is $278, $591, $882 or $1,176 depending on the value of the estate. A judge may waive or defer the fees and court costs if a party cannot pay, and there is no fee to apply.

5Serve notice on everyone the statute listsThe petitioner gives notice to the respondent if they are 14 or older, to the spouse, parents and adult children, to the closest relatives if there are none of those, to anyone cohabiting with the respondent who is interested in their welfare, to any existing fiduciary, trustee, health care representative or attorney-in-fact, and, where they apply, to the Department of Veterans Affairs, the Department of Human Services, the Oregon Health Authority, the Attorney General, a foreign consulate, the Long Term Care Ombudsman and the disability rights system.

The petitioner gives notice to the respondent if they are 14 or older, to the spouse, parents and adult children, to the closest relatives if there are none of those, to anyone cohabiting with the respondent who is interested in their welfare, to any existing fiduciary, trustee, health care representative or attorney-in-fact, and, where they apply, to the Department of Veterans Affairs, the Department of Human Services, the Oregon Health Authority, the Attorney General, a foreign consulate, the Long Term Care Ombudsman and the disability rights system. In an alleged incapacity case notice also goes to any attorney representing the respondent.

6Give the respondent the statutory warning noticeA notice served on a respondent alleged to be incapacitated must carry the NOTICE TO RESPONDENT that ORS 125.070(3) prints, in 14-point type, with checkboxes showing which decisions the petitioner wants taken over and a warning in capitals that the respondent's own money may be used to pay the guardian, the petitioner's attorney, the respondent's attorney and the filing fees.

A notice served on a respondent alleged to be incapacitated must carry the NOTICE TO RESPONDENT that ORS 125.070(3) prints, in 14-point type, with checkboxes showing which decisions the petitioner wants taken over and a warning in capitals that the respondent's own money may be used to pay the guardian, the petitioner's attorney, the respondent's attorney and the filing fees. A conservatorship notice or a minor case notice must explain the purpose and consequences, name local free or low cost legal services, describe the visitor's role, and list the respondent's rights to counsel, to object, to a hearing, to present evidence and cross-examine, and to ask at any time that the fiduciary's power be limited or the fiduciary removed.

7The court appoints a visitor, who interviews in personIn an adult guardianship the court must appoint a visitor, and the petition itself must contain a statement notifying the court of that.

In an adult guardianship the court must appoint a visitor, and the petition itself must contain a statement notifying the court of that. The visitor has no personal interest in the case, must have training or expertise adequate to evaluate the respondent's functional capacity and needs, interviews the person nominated as fiduciary, and interviews the respondent personally wherever the respondent is located. The visitor may also interview the treating physician, naturopathic physician or psychologist, the person in charge of any institution, and anyone else with relevant information.

8The visitor files a report within 15 daysThe report says whether the allegations in the petition are correct, whether a fiduciary is needed at all, and whether the nominee is qualified and willing; names every person interviewed with the date and their relationship; recommends whether the nominee is suitable, what limitations should be placed on the fiduciary and whether more evaluation is needed; and records anything the respondent said about wanting a lawyer, wanting to attend a hearing, contesting the appointment or preferring someone else.

The report says whether the allegations in the petition are correct, whether a fiduciary is needed at all, and whether the nominee is qualified and willing; names every person interviewed with the date and their relationship; recommends whether the nominee is suitable, what limitations should be placed on the fiduciary and whether more evaluation is needed; and records anything the respondent said about wanting a lawyer, wanting to attend a hearing, contesting the appointment or preferring someone else. The court may extend the 15 days on a showing of necessity and good cause.

9Objections are due within 15 daysAnyone interested in the respondent's affairs or welfare may object, including anyone entitled to notice and any stepparent or stepchild.

Anyone interested in the respondent's affairs or welfare may object, including anyone entitled to notice and any stepparent or stepchild. Objections to a petition may be written or oral, and a protected person may object orally in a way the court has designated, with the clerk reducing it to a signed writing for filing. Objections must be made or filed within 15 days after the notice is served or mailed. No fee is charged to the respondent, the protected person, the Long Term Care Ombudsman or the disability rights system for filing an objection or any motion.

10A hearing, with a lawyer for the respondent, if anyone objectsA hearing must be held if the respondent or protected person objects and does not withdraw the objection.

A hearing must be held if the respondent or protected person objects and does not withdraw the objection. Once a hearing is required, the court must appoint counsel for the respondent when they ask for counsel, when anyone objects, when a visitor recommends it, or when the court decides they need it, unless they already have counsel or refuse the appointment. Those fees come from the guardianship or conservatorship estate when it can pay, and from the Oregon Public Defense Commission when the court finds the respondent financially eligible. The visitor must attend a hearing on objections. Petitioner gives 15 days notice of the hearing date.

11The judgment, then lettersThe court decides on clear and convincing evidence, weighing the petition, the visitor's report, any medical or psychological report and the hearing evidence, and enters an order that is no more restrictive than reasonably necessary.

The court decides on clear and convincing evidence, weighing the petition, the visitor's report, any medical or psychological report and the hearing evidence, and enters an order that is no more restrictive than reasonably necessary. Letters of guardianship issue after any acceptance and any required bond are filed, with a copy of the appointing order attached. Letters of conservatorship issue on the same terms and carry a LIMITATIONS line. A conservator's bond is required unless the court waives it for good cause, and letters may not issue until the bond is approved.

12The guardian hand-delivers notice of the appointmentOn appointment the guardian must deliver written notice of the order to the people entitled to notice of motions, and the notice to the protected person must be delivered in person in a way reasonably calculated to be understood, with an offer to also read it aloud and with reasonable accommodations for effective communication.

On appointment the guardian must deliver written notice of the order to the people entitled to notice of motions, and the notice to the protected person must be delivered in person in a way reasonably calculated to be understood, with an offer to also read it aloud and with reasonable accommodations for effective communication. It has to describe the guardian's authority, any limits on it, and the protected person's right to seek removal of the guardian or termination of the guardianship. Proof that all of this happened is filed with the court within 30 days of the appointment.

13A conservator inventories within 90 days and records it if there is real propertyThe conservator files an inventory of all estate property that has come into their possession or knowledge within 90 days of appointment, with their estimate of true cash value as of the date of the protective order, and serves a copy on a protected person aged 14 or older.

The conservator files an inventory of all estate property that has come into their possession or knowledge within 90 days of appointment, with their estimate of true cash value as of the date of the protective order, and serves a copy on a protected person aged 14 or older. Property discovered later goes into a supplemental inventory within 30 days of learning of it. If the estate includes real property, the conservator records a certified copy of the inventory, or the statutory abstract, in the deed records of the county where the property sits.

14Report every year, and account every yearA guardian for an adult files a written report within 30 days after each anniversary of appointment, on the statutory form, under penalty of perjury, with copies to everyone entitled to notice of motions.

A guardian for an adult files a written report within 30 days after each anniversary of appointment, on the statutory form, under penalty of perjury, with copies to everyone entitled to notice of motions. It states where the person lives, what services they receive, their physical and mental condition, the facts supporting continued incapacity, the guardian's contacts with them over the year, any limits the guardian placed on their associations, the major decisions made, whether the guardianship should continue, and the money the guardian held, received, spent and now holds. A conservator accounts to the court within 60 days after each anniversary, with vouchers unless the court or a rule excuses them.

15Give notice before moving the person or changing where they liveBefore changing an adult protected person's abode, or placing them in a mental health treatment facility, nursing home or other residential facility, the guardian must file with the court and serve a statement of that intention at least 15 days ahead, and the notice to the protected person must clearly say how to object.

Before changing an adult protected person's abode, or placing them in a mental health treatment facility, nursing home or other residential facility, the guardian must file with the court and serve a statement of that intention at least 15 days ahead, and the notice to the protected person must clearly say how to object. If the move has to happen in less than 15 days to protect someone's immediate health, welfare or safety, the statement must say so and must be filed and served with as much advance notice as possible and in no event later than two judicial days after the move. The court schedules a hearing on any objection.

16Ask the court to end it when it is no longer neededThe court may terminate on motion after finding that a minor protected person has reached majority, that the person is no longer incapacitated or no longer financially incapable, that the conditions of ORS 125.535 have been met, that the person has died, or that termination would serve their best interests.

The court may terminate on motion after finding that a minor protected person has reached majority, that the person is no longer incapacitated or no longer financially incapable, that the conditions of ORS 125.535 have been met, that the person has died, or that termination would serve their best interests. A protected person gets the same rights and procedures on a termination motion that they had originally, a visitor must be appointed if a guardianship termination motion draws objections, and the fiduciary who opposes termination carries the burden of proving continued incapacity by clear and convincing evidence. Termination is entered by general judgment.

How long it takes

An uncontested Oregon adult guardianship is paced by three statutory clocks that run at the same time: the court visitor files a written report within 15 days of appointment, anyone entitled to notice has 15 days from service or mailing to object, and only after those windows close can an uncontested petition be decided on the papers. Families and Oregon practitioners commonly see roughly one to three months from filing to letters when nobody objects, which is an observation about scheduling rather than a statutory deadline. An objection resets the pace: the court must schedule a hearing, give 15 days notice of it, and appoint counsel for the respondent, and a contested case commonly runs several months or longer. A genuine emergency does not wait for any of that, because a temporary fiduciary can be appointed on two days notice, or with no advance notice at all when the danger requires it.

Objection deadline after notice: 15 days after the petition or motion notice is served or mailed
Visitor report in an ordinary case: within 15 days after the visitor is appointed, extendable by the court for necessity and good cause
Notice of a hearing on objections: at least 15 days before the date set for the hearing
Notice before a temporary fiduciary is appointed: at least 2 days, and the court may waive advance notice entirely when the danger requires an immediate appointment
Notice after a no notice emergency appointment: no later than 2 days after the appointment is made
Visitor interview in a temporary case: within 3 days after the temporary fiduciary is appointed
Visitor report in a temporary case: within 5 days after the temporary fiduciary is appointed
Hearing on an objection to a temporary appointment: within 2 judicial days after the objection is filed
Temporary fiduciary appointment: 30 days maximum, extendable once by up to another 30 days
Interim fiduciary after a vacancy: up to 60 days
Proof that the guardian gave notice of appointment: filed with the court within 30 days after the guardian is appointed
Conservator inventory: within 90 days after appointment, unless the court grants longer
Conservator supplemental inventory: within 30 days after the conservator receives or learns of property not already inventoried
Guardian annual report: within 30 days after each anniversary of appointment
Conservator annual accounting: within 60 days after each anniversary of appointment
Conservator final accounting: within 60 days after the protected person dies, a minor reaches majority, or an adult regains the ability to manage their finances, and within 30 days after the conservator is removed or resigns or their authority ends because a bond lapsed
Notice before moving an adult protected person: at least 15 days before each change of abode or facility placement, or as much notice as possible and no later than 2 judicial days after the move when immediate health, welfare or safety requires it
Hearing on a motion about limits on association: scheduled no later than 60 days after the motion is filed
Surety notice before cancelling a conservator bond: not less than 30 days
Adult guardianship for a minor turning 18: a parent or guardian may petition within 90 days before the minor attains majority, or at another time the court finds necessary and appropriate
Uncontested case from filing to letters: commonly about one to three months once the 15-day visitor and objection clocks have run, which is an observation about Oregon court scheduling rather than a statutory deadline
Contested case: commonly several months or longer, because an objection requires a hearing, 15 days notice of it, appointed counsel for the respondent and the visitor's attendance

Alternatives to consider before guardianship

Oregon financial power of attorney

Money, property and business decisions handled by an agent you name while you still have capacity, under ORS 127.002 to 127.045. Oregon powers of attorney are durable by default. Unless the document contains words that delay or limit it, the power takes effect when executed, the agent's powers are unaffected by the passage of time, and the agent can keep acting even after you become financially incapable. You can also make it springing, effective on a future event such as your becoming financially incapable, and name the person who decides whether that has happened; if you name nobody, or nobody named is willing or able, any physician may make that determination in writing. Everything the agent does while you are financially incapable binds you and inures to your benefit exactly as if you were not.

ORS 127.005

Oregon advance directive naming a health care representative

Health care decisions, made by a health care representative and any alternates you appoint, under ORS 127.505 to 127.660. The appointment takes effect when the representative accepts it, and it lasts until you die or revoke it unless you wrote in an end date. This is the single strongest planning move against an Oregon guardianship, because the statute makes it outrank one. A valid appointment of a health care representative supersedes any power of a guardian or other court-appointed person to make health care decisions for you. A health care representative known to the provider to be available has priority over everyone except you, and their authority begins only when you are incapable. They must act consistently with your directive and with what you told them, and if you object to a decision the provider must proceed as though you are capable on that decision. A decision made under this authority is effective immediately and needs no court approval.

ORS 127.510

Declaration for mental health treatment

Preferences, instructions, consent or refusal about mental health treatment, and an attorney-in-fact to make those decisions when you are incapable, under ORS 127.700 to 127.737. A separate Oregon instrument aimed at exactly the situation where general health care documents are weakest. Any adult of sound mind may make one. It lasts three years or until revoked, and if it has been invoked and is in effect when the three years run out it stays effective until you are no longer incapable. It is signed before two competent adult witnesses or notarized, and the witnesses may not be your attending physician or provider, an owner or operator of a facility where you are a patient, a relative, or the person you are appointing.

ORS 127.705

Revocable living trust

Any assets you transfer into the trust, managed by a successor trustee under the Oregon Uniform Trust Code, ORS chapter 130. No court case, no visitor, no bond, no annual accounting to a judge, and no filing fee band based on the value of the estate. Unless the terms expressly say it is irrevocable, you can revoke or amend it while you have capacity, by the method the trust names or by any other method except a will or codicil that shows clear and convincing evidence of your intent. If a conservatorship is later opened anyway, a conservator needs prior court approval before creating a trust or before doing anything that would terminate the conservatorship into one, which is a reason to build it yourself in advance.

ORS 130.001

Protective order without a fiduciary

One transaction or arrangement, authorized, directed or ratified by the court, instead of ongoing control of the person or the estate. This is a court-supervised alternative that lives inside the protective proceedings chapter itself, so the court can use it after a petition is filed rather than making a fiduciary appointment. It reaches payments, deposits, retention of funds, a sale, mortgage, lease or other transfer of property, an annuity or life care contract, a deposit contract, a contract for training and education, and funding or establishing a suitable trust. Before entering one the court considers the interests of creditors and dependents and whether the person needs the continuing protection of a fiduciary at all.

ORS 125.650

Parental delegation of authority by power of attorney

A parent's or guardian's powers over the care, custody or property of a minor child or ward, delegated to another adult by a properly executed power of attorney, with no court case at all. Six months of authority for a caregiver without any petition, filing fee, notice or hearing. The limit rises to 12 months when the delegation is to a school administrator, and a servicemember parent called to active duty may delegate for the term of active service plus 30 days. The power to consent to adoption cannot be delegated.

ORS 109.056

Paying a minor without a conservator

Money or personal property owed to a minor, up to $10,000 per year. Removes the most common reason a family opens a conservatorship for a child. The payer may pay a person with the care and custody of the minor with whom the minor lives, a guardian of the minor, or a federally insured savings account in the minor's sole name, and is not responsible for how the money is then applied. The recipient must apply it to the minor's support and education, may reimburse only out-of-pocket expenses for necessary goods and services, must preserve the excess, and must turn it over when the minor comes of age. The route closes if the payer actually knows a conservator has been appointed or a petition is pending.

ORS 126.700

Settling a minor's claim without a conservator

A minor's legal claim settled for $25,000 or less, not counting reimbursement of medical expenses, liens, reasonable attorney fees and costs of suit. A person with legal custody may settle within that cap when no conservator has been appointed, provided the money goes where the statute directs, into the attorney's trust account and then into an interest-bearing federally insured savings account in the minor's sole name, directly into such an account where there is no attorney, or to an annuity provider with the minor as sole beneficiary. The person settling signs an affidavit that the minor will be fully compensated or that there is no practical way to obtain more.

ORS 126.725

Oregon Uniform Transfers to Minors Act custodianship

A gift or transfer held by one custodian for one minor beneficiary under ORS 126.805 to 126.886. A custodian manages the property without a court case, a bond or an annual accounting to a judge, and Oregon lets a transfer be made for a beneficiary at any time before the beneficiary turns 25, which is later than many states allow. All custodial property held by the same custodian for the same beneficiary is a single custodianship, and the transfer is irrevocable with the property indefeasibly vested in the beneficiary.

ORS 126.836

Emergency guardianship and planning ahead

Emergency guardianship: Oregon's emergency route is a TEMPORARY FIDUCIARY, not an emergency guardian. To hand one the powers of a guardian, a judge must make a specific finding, by clear and convincing evidence, of three things at once: that the person is incapacitated or is a minor, that an immediate and serious danger threatens their life or health, and that their welfare requires immediate action. For the powers of a conservator the same three findings shift to the money side: financially incapable or a minor, immediate and serious danger to the estate, and welfare requiring immediate action. It lasts no more than 30 days, for a specific purpose the order names. It may be extended up to one further period of not more than 30 days, on motion and good cause shown, with at least two days notice before the extension order is entered. Authority: ORS 125.600.

Naming a guardian in advance: Oregon does not give you a statutory pre-need form that binds a future court. What ORS 125.200 does is make your stated desire one of the things the court must consider when it picks the most suitable person, and ORS 125.055(2)(g) and ORS 125.060(2)(e) require a petitioner to name and give notice to anyone already nominated as a fiduciary, any trustee of a trust you created, anyone acting as your health care representative, and anyone acting as your attorney-in-fact under a power of attorney. So writing down who you want, and giving copies to the people who would file, puts a named preference and a notified nominee in front of the judge. The stronger Oregon move is the one that avoids the case: a health care representative you appoint in an advance directive supersedes any power a court later gives a guardian to make health care decisions for you, and a financial power of attorney keeps working after you become financially incapable.

Guardianship costs

Court filing fee guardianship: $124 to file a petition for appointment of a guardian, and $124 for an appearance in a guardianship proceeding, under ORS 21.145(3) and ORS 21.175(1). The same figure appears on the Oregon Judicial Department Circuit Court Fee Schedule effective January 1, 2026, and it applies in the six county courts that exercise probate jurisdiction as well as in the thirty circuit courts
Court filing fee conservatorship: $278 if the estate is worth less than $50,000, $591 from $50,000 to under $1 million, $882 from $1 million to under $10 million, and $1,176 at $10 million or more, under ORS 21.180(1). The band comes from the petitioner's own estimate of the value of the estate, which the petition has to state
Court filing fee combined petition: One fee for the whole petition, no matter how many fiduciaries or protective orders it asks for, and it is the highest of the fees that apply under ORS 21.135, ORS 21.145(3), ORS 21.175 and ORS 21.180. A petition asking for both a guardian and a conservator therefore pays the conservatorship band rather than $124 plus the band
Conservator annual accounting fee: $35, $298, $591 or $1,176 for each annual or final accounting, on the same four estate-value bands, under ORS 21.180(2). This is a recurring court cost for as long as a conservatorship stays open, and it is the one families most often do not budget for
Other appearance in a conservatorship: $281 for any appearance in a conservatorship proceeding other than the initial filing, under ORS 21.180(4) and ORS 21.135
Protective order without a fiduciary: $281 for a petition seeking a protective order under ORS 125.650, per the Oregon Judicial Department fee schedule row citing ORS 21.135(2)(g)
Registering an out of state order: $124 to register a guardianship or conservatorship order from another state, and $124 for an appearance in that matter, under ORS 21.145 with ORS 125.842 and ORS 125.845
Filing an objection: $0. No fee is charged to the respondent, the protected person, the Office of the Long-Term Care Ombudsman or the disability rights system for filing an objection or any motion, under ORS 125.075(4), and no fee is charged for objecting to a temporary fiduciary appointment or its extension
Successor fiduciary petition: $0. ORS 125.225(5) says no filing fee shall be charged or collected for the filing of a petition for the appointment of a successor fiduciary
Fee waiver or deferral: $0 to apply. A judge may waive or defer all or part of the fees and court costs if a party cannot pay them, under ORS 21.682, and the court may not delay or refuse to enter a judgment because deferred fees are unpaid
Court visitor: Set locally rather than statewide. Each presiding judge establishes visitor fees by court order under ORS 125.170(2), so the amount depends on the county. The court may charge the respondent or protected person for visitor services no more than once a calendar year, and may not do so where that would impose a hardship, with a rebuttable presumption of hardship for a person receiving public assistance or medical assistance
Professional evaluation: $500 to $2,000 for a private capacity evaluation is the usual national range. Oregon publishes no rate and, unlike many states, does not require a physician's report at all: the mandatory investigator is the court visitor, and ORS 125.305(2) refers to a physician, naturopathic physician or psychologist report only if there was an examination
Attorney fees for the petitioner: $2,500 to $6,000 is a common national range for an uncontested adult guardianship, and a contested case runs well above it. Oregon publishes no figure. Any payment from the protected person's funds to an attorney for services relating to the proceeding needs prior court approval under ORS 125.095(2)(c), and the court weighs the ORS 125.098 factors, giving the greatest weight to the benefit to the person the case is about
Attorney for the respondent: Paid from the guardianship or conservatorship estate if it has enough to cover all or part of it, and otherwise determined and paid by the Oregon Public Defense Commission where the court finds the respondent financially eligible, under ORS 125.080(7)
Conservator bond premium: Roughly 0.5 percent to 0.8 percent of the bond amount each year is the usual national range for a surety bond premium, and the premium is paid from the estate. Oregon sets the bond AMOUNT by formula rather than the premium: the aggregate capital value of the property the conservator controls plus one year of estimated income, less restricted deposits and less real property the conservator cannot sell without court authorization
Annual reporting costs: A guardian's annual report is filed on the statutory form and carries no separate statutory filing fee, but a conservator's annual accounting carries the ORS 21.180(2) fee on every filing, and many conservators pay an accountant or attorney to prepare it
Planning documents instead: $0 to a few hundred dollars for the documents that avoid the case. Oregon publishes its advance directive form by statute at ORS 127.529 and its declaration for mental health treatment form at ORS 127.736, a parental delegation under ORS 109.056 needs only a properly executed power of attorney, and none of these carries a filing fee

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Oregon?

What are the alternatives to guardianship in Oregon?

Less restrictive alternatives in Oregon include Oregon financial power of attorney, Oregon advance directive naming a health care representative, Declaration for mental health treatment, Revocable living trust. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Oregon guardianship process take?

Do I need a lawyer to file for guardianship in Oregon?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Oregon courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Oregon: what is the difference?

Statutes and sourcesOfficial references used for this page

Free attorney match

Talk to a probate attorney in Oregon

Tell us how to reach you and one local probate attorney will contact you, usually within one business day. Free to use, with no obligation.

Connect with an attorney

Settled Estate is not a law firm and does not give legal advice.

Information current as of August 25, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Oregon can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.