Protecting People Subject to Guardianship
Notice to individuals who have a guardian appointed
Once guardianships are in place, there is very little monitoring and less restrictive alternatives to guardianship should be sought whenever possible to maximize individuals’ independence and autonomy.
Two years ago, the Oregon legislature delivered a major victory to individuals involved in guardianship proceedings. Previously there was no requirement that individuals be informed of the court appointing a guardian for them. SB 376 required written notification. But it did not require that this critical information was being communicated in a manner that the individual understood.
To address this need within guardianship proceedings, the Oregon legislature has passed SB 190. SB 190 requires newly appointed guardians to deliver written notice of the order of appointment of a guardian, the authority of the guardian and the rights of the person.
Importantly, this information must be provided in a manner that the person can understand, and with an offer to explain verbally. This may require the notice be provided in large print for a person who is low vision, described using simplified English for a person with limited vocabulary, or in another format that will allow the protected person to understand the notice.
Governor Brown signed this bill into law.
Media Coverage
New Oregon law seeks to improve life for people with guardians appointed (OPB News, June 21)
Testimony
Jake Cornett, Executive Director: https://olis.oregonlegislature.gov/liz/2021R1/Downloads/PublicTestimonyDocument/28316
Oregon Developmental Disabilities Coalition
https://olis.oregonlegislature.gov/liz/2021R1/Downloads/PublicTestimonyDocument/7411