Know Your Rights:

Guardianship

Everyone should be able to live with as much self-determination and independence as possible. A guardianship should be limited to meet your actual needs.

Courts appoint guardians when it is necessary to protect a person’s health or safety. A guardian can make decisions that affect another person’s care and well-being, such as where they live, what healthcare they get, and how they spend their time. Once guardianships are in place, there is very little monitoring by the courts.

If a court has appointed a guardian for you or someone is seeking to become your guardian, you can request to limit the guardianship or propose an alternative that allows you to make more decisions about key areas of your life. Courts should strive to give guardians as little authority as possible. Restrictions on your decision-making should only be those that are needed.

Disability Rights Oregon only represents the people with disabilities, including those who may have a guardian. We cannot provide assistance to a guardian or a person seeking guardianship.

Alternatives to Guardianship:

  • Declaration for Mental Health Treatment

  • Advanced Health Care Directive

  • Power of Attorney

  • Supported Decision-Making

  • Family, community support

  • Social Security Representative Payee

Disability Rights Oregon Resources

Your Rights in Limiting or Ending Guardianship

If someone is seeking to become your guardian or if you’ve had a guardian appointed and would like to limit or end the guardianship, here’s information about your rights:

Other Resources

The Oregon State Bar has a lawyer referral service for accessing a private attorney

The Oregon State Bar's Lawyer Referral Service phone:
503-684-3763

Counsel representing guardians:

ORS 125.060 and ORS 125.082 (as amended in 2021 by SB 190) require this identified notice from guardians who are represented by counsel to be delivered electronically in a manner prescribed by Disability Rights Oregon. The effective date is January 1, 2022. Disability Rights Oregon encourages and appreciates electronic filing of all pleadings.