When A Court Appoints A Guardian
ORS 125.305 and ORS 125.300 — clear and convincing evidence, and no more restrictive than necessary
Clear and convincing evidence. An Oregon court may appoint a guardian only if it finds by clear and convincing evidence that the respondent is a minor in need of a guardian, is incapacitated, or is a vulnerable youth; that the appointment is necessary to provide continuing care and supervision; and that the person nominated is qualified, suitable and willing to serve.
No more than necessary. The order may be no more restrictive of the person's liberty than is reasonably necessary to protect them. For an adult, a guardianship is ordered only to the extent the person's actual mental and physical limitations require, and is designed to encourage maximum self reliance and independence.
Rights kept. An adult under guardianship is not presumed incompetent, and keeps every legal and civil right except those the court expressly limits or gives to the guardian, including the right to contact and retain a lawyer and to see personal records.
Objecting. Objections to a petition, written or oral, are due within 15 days after notice of it is served or mailed, and a hearing is then scheduled. If the respondent objects, a hearing has to be held, and the respondent may appear in person or through a lawyer. Where a hearing is held, the court appoints counsel when the respondent asks, when anyone objects, when the court's visitor recommends it, or when the court finds counsel is needed.
The court may not charge the respondent a fee for filing an objection. Conservators for property, temporary appointments, and what a guardian may and may not do after appointment are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed Oregon attorney.
Sources for this section (4)
- ORS 125.305 — Order of appointment
- ORS 125.300 — In general
- ORS 125.080 — Hearing
- ORS 125.075 — Presentation of objections
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.