Guide to Oregon Guardianship Law

 

 

If you are considering becoming a guardian in Oregon, you need to understand OR guardianship law.  Oregon guardianship law applies any time a child or disabled person is unable to make decisions for themselves.  Guardianship is a serious responsibility, and learning more about OR guardianship law can help you to make an informed decision before you take it on.  This guide will only give a basic overview of Oregon guardianship law.  If you want to learn more in-depth information about OR guardianship law or need legal advice about becoming or appointing a guardian, you may want to talk to an Oregon attorney specializing in guardianship arrangements.

 

 

Guardianship of Minors

 

 

Children are typically only assigned a guardian if their parent (who normally fulfills the guardian role) is absent or incapacitated.  Oregon guardianship law allows a guardian to be appointed for a child whose parent has died or is mentally incompetent.  You may also be able to have a guardian appointed under OR guardianship law if the child's parent has been incarcerated or is severely disabled in a way that prevents making reasonable parenting decisions.

 

 

In most cases, Oregon guardianship law allows a parent to nominate a guardian for their own child.  In some situations, an older child's nomination for his or her own guardian will also be considered by the court.  In order for a child to nominate a guardian, he or she must show to the court that he or she is capable of making a reasonable decision.

 

 

Guardianship of the Disabled

 

 

In some situations, an adult may be assigned a guardian under OR guardianship law.  When disabled adults are incapable of making some or all decisions for themselves, Oregon guardianship law allows the courts to step in and appoint a guardian.  OR guardianship law permits both individuals and non-profit organizations (both public and private) to serve as guardians for the disabled.  Typically, Oregon guardianship law only lets a guardian be appointed as a last-ditch measure, and only for people who are unable to make their own choices.  A person with only mild or moderate disabilities will generally not have a guardian appointed according to OR guardianship law.

 

 

Types of Guardianship

 

 

Different types of guardianship are available under Oregon guardianship law for different situations.  A guardian of the person has full decision making power over all aspects of someone's life, in much the same way that a parent has decision making responsibilities for a child.  This is the most expansive kind of guardianship permitted by OR guardianship law.

 

 

Guardianship of the estate is a more limited form of guardianship.  Under Oregon guardianship law, this type of guardianship can be given when a disabled person has shown an ability to make some personal care decisions, but an inability to make financial decisions that are responsible and reasonable.  This type of guardianship allows the guardian to make all financial decisions for the disabled person.

 

 

Standby guardianship is an arrangement by which a person names a guardian ahead of time.  OR guardianship law allows, for instance, a parent to name a standby guardian if they have a terminal illness and want to minimize the trauma of the transition to the child's legal guardian.

 

 

 

 

Quick Guide to Guardianship in Ohio

 

 

Ohio Guardianship Laws

 

 

A detailed analysis of Ohio guardianship is provided by the Ohio State Bar Association, and the complete report can be found at the link provided. 

 

 

 

Within this article, you fill find information about different kinds of Ohio guardianships, eligibility factors while determining any kind of guardianship, and information about obtaining guardianship rights in OH.  

 

 

Different Kinds of Ohio Guardianship

 

 

Brief descriptions of Ohio guardianship are provided below: 

 

 

1. Guardian of the person- this type of guardian helps the ward in a variety of ways and is paid through the ward’s assets.  Common duties include providing food, shelter, clothing, health care, and the education of a minor child.  

 

 

2. Guardian of the estate- this type of Ohio guardianship allows an entity to manage the following for the ward:

 

 

• all debts owed

 

• the collection of money owed 

 

• settlements and adjustments of any assets received from the executor or administrator of an estate

 

• placing all funds into an account as fiduciary 

 

• investing any assets wisely if funds are not needed at the time 

 

• filing an official inventory and accounts of the estate on a regular basis with the court

 

 

Before becoming a guardian of the estate, the applicant must post a fiduciary bond double the probably value of the personal estate to the court.  

 

 

3. Limited guardian- this type of Ohio guardianship is limited by the probate court after a ward has established what duties they do not want help with in the Order of Limited Guardianship.  

 

 

4. Interim guardian- Ohio guardianships in this category occur when a former guardians has been permanently removed or resigned from their duties.  

 

 

5. Emergency guardian- this type of Ohio guardianship is instituted by the probate court in emergency situations that endanger the ward unless they have supervision.  

 

 

Eligibility Factors for Ohio Guardianships

 

 

In the state of Ohio, a related or unrelated guardian may be considered by the court.  In cases involving minors, Ohio guardianships are usually first granted to appropriate family members, but a court may consider otherwise in the best interests of the child.  

 

 

An Ohio guardianship is never granted to a convicted felon or person who shows the inability to provide the essential duties of a guardian.  Additionally, the court will often hear testimony from a child if they are old enough to make a sound decision.  

 

 

Steps for Establishing Ohio Guardianship

 

 

The list below provides general steps for obtaining Ohio guardianships, but there may be more steps involved in certain cases: 

 

 

1. The incapacity of the person must be proved unless the party is a minor.  In order to prove incapacity, the court must usually obtain a certificate from a doctor who examined the person.

 

 

2. A potential guardian must then file a petition with their local clerk, and if there are several parties trying to obtain guardianship, the issue may be contested in court.  A link to all county clerks in Ohio is provided at the following link: https://www.ohiocourtlinks.org/.

 

 

3. If Ohio guardianships are granted, the guardian will normally have to file a bond with the court, and the court will decide if the guardianship should be final if the incapacitation is expected to last their entire life.  

 

 

 

 

A brief guide to Louisiana guardianship

 

 

When a person is mentally or physically incapable of caring for themselves, the court system may intervene to ensure that they are properly cared for. Many different people can be appointed to Louisiana guardianships. The process of being appointed to this kind of position is complicated and lengthy. Obtaining a Louisiana guardianship is not a process to be undertaken by anyone who is not prepared to execute all of the responsibilities which are involved.

 

 

It is important distinguish this position from a custodial position. While Louisiana guardianships appoint someone to look after a person's mental and physical health, a custodian is responsible for maintaining their financial resources. A person may apply for both positions if they feel they are capable of executing both. If you are only appointed to a Louisiana guardianship, you will need to be able to cooperate with any custodian who is responsible for the same person's financial health.

 

 

Many different people can be appointed to this position. People who have been named in living wills in the event of an accident or medical complication are given preference when Louisiana guardianships are being considered by the court. However, a spouse, adult child or relative with whom the person has lived with for at least six months prior to the incident in question can also be considered. A Louisiana guardianship can also be considered when a minor child does not have a parent or guardian to look after them. In cases where parents are relinquishing the right to custody of their child, their preferences will be given strong consideration.

 

 

To be considered for Louisiana guardianships, you must undertake a court process. Filing a petition will be the first step that must be taken. The person who must have Louisiana guardianship appointed on their behalf will be examined by a physician or other medical professional. A report will be issued detailing the kind of care which they require. Judges will evaluate this document and use it as the basis of any decision when considering petitions for Louisiana guardianships.

 

 

In court, the incapacitated person will be represented by an "attorney ad litem." This lawyer will be responsible for making sure any Louisiana guardianship which is awarded is in the best interests of their client. If you are attempting to be appointed to this position, you may wish to consult a lawyer. The process of having Louisiana guardianships can be complicated and can benefit from legal aid.

 

 

If you are appointed to this position, you have the right to receive an inventory from the custodian detailing the disabled person or child's financial resources. Anyone appointed to a Louisiana guardianship must submit regular reports detailing the condition and any developments in the condition of the person they are caring for. People who are appointed to look after minor children must be on good terms with them in order to ensure that they provide the best possible care.

 

 

 

Guide to Oklahoma Guardianship Law

 

 

Becoming a guardian to a child or a disabled person requires going through a court hearing in Oklahoma.  Understanding OK guardianship law can help you decide whether you want the responsibility of being a guardian.  This guide will explain some of the situations in which Oklahoma guardianship law comes into effect and the types of guardianship available under the law.  If you need more information about a specific type of guardianship or legal advice pertaining to your specific situation, you may want to consult a lawyer with experience in OK guardianship law.

 

 

Guardianship of Minors

 

 

In most situations, a parent has legal responsibility for a minor.  However, if a parent is unavailable or deceased, Oklahoma guardianship law requires that he or she has a guardian appointed.  In some cases, people seek guardianship of children under OK guardianship law when a parent is deceased or severely mentally or physically incapacitated.  Oklahoma guardianship law is also used to appoint a guardian for children whose parent is incarcerated or institutionalized for a mental illness.

 

 

If you become the guardian to a minor, according to Oklahoma guardianship laws you will have the same responsibilities to the child as his or her parent would have.  Biological parents may seek visitation rights (either supervised or unsupervised) according to Oklahoma guardianship laws.

 

 

Guardianship of the Disabled

 

 

The other time when OK guardianship law is used is when an adult lacks the capacity to make personal decisions for him or herself.  If you want to become guardian of a disabled person under Oklahoma guardianship law, this is a very serious responsibility with potentially large financial and emotional consequences.  According to OK guardianship law, guardians may be either individual people or a public or private not-for-profit organization.

 

 

Oklahoma guardianship law is only used when a disabled person lacks the capacity to make choices and would present a danger to him or herself without a guardian to look after his or her interests.  It is considered a last resort and it is unlikely that someone will be awarded guardianship for a person who is only mildly disabled.

 

 

Types of Guardianship in Oklahoma Guardianship Law

 

 

Guardianship of the person, which gives the same responsibilities as physical and legal custody over a child, allows you to make day to day decisions about a person's care and well-being.  Guardianship of the estate, which only extends to decisions about financial issues, is allowed by OK guardianship law when a person has shown an inability to make reasonable financial decisions for themselves.  This type of guardianship is especially common for older adults who have dementia and may tend to fall for scams or otherwise manage their money poorly.

 

 

Limited guardianship arrangements are also permitted by Oklahoma guardianship law.  Under a limited guardianship, the guardian only has specific responsibilities delineated by the family court system.  OK guardianship law allows limited guardianship to take many forms, and if you are interested in becoming this type of guardian, you may want to consult with an attorney to understand the full range of your legal options.

 

 

 

 

A brief guide to South Carolina guardianship law

 

 

People who are mentally or physically incapacitated or minor children have their finances looked after by a custodian. This person's functions are separate from those performed by someone appointed under South Carolina guardianship laws to manage their physical health or mental welfare. 

 

 

Many different people may be appointed to look after an adult who is not capable of living autonomously. South Carolina guardianship law states that a person appointed in a living will, their spouse, parent or adult child, or someone chosen by a relative are all eligible to perform this task. 

 

 

Regardless of the person who is seeking this position, they must be approved by the court system. Pursuing this process through South Carolina guardianship laws will begin with a petition filed by the court. The incapacitated adult in question will be examined by a professional, who will then submit a report detailing the kind of assistance which they require. Prior to any scheduled hearing, a judge will examine this document and evaluate who is best capable of executing the responsibilities in accordance with South Carolina guardianship law.

 

 

During hearings, an "attorney ad litem" will be appointed. Under South Carolina guardianship laws, it is this legal professional's task to represent an incapacitated adult throughout the legal process. Anyone who is seeking to become a guardian may wish to retain an attorney to help them understand the often-complicated technicalities of the law.

 

 

You have the right to request a jury during the hearing. If your petition is granted, South Carolina guardianship laws give you the right to receive a report from any custodian of the property of the person who you will be caring after. A judge will help issue all the documents stating that you have the right to make decisions on behalf of someone. Under South Carolina guardianship law, you will be required to regularly submit reports to the court on the physical and mental health of the person you are caring for.

 

 

Much the same procedures are followed when appointing someone to look after a child. South Carolina guardianship laws mandate that a child's best interests be taken into account at all times. This means that the person who is appointed to this position must be on good terms with a child and able to effectively communicate with them. South Carolina guardianship law does not disqualify someone who is already a custodian from taking on this second responsibility. 

 

 

Think carefully before pursuing this position or agreeing to execute it. South Carolina guardianship laws hold you accountable for the best interests of the minor or adult that you will be looking after. Taking on these responsibilities will require a great deal of time or effort. If the person you are going to be looking after is disabled, South Carolina guardianship law requires you to be patient at all times. People who fear that they may not be able to perform the tasks of this role capably should not agree to become someone's guardian.

 

 

 

 

Guide to Puerto Rico Guardianship

 

 

In situations where a person is unable to make basic decisions for themselves, Puerto Rican courts may appoint a legal guardian for that person.  Both children and disabled people may qualify for guardians under PR guardianship law.  This guide will give you a basic overview of Puerto Rico guardianship laws so that you can understand what types of guardians are available in Puerto Rico.  You may want to consult a PR guardianship lawyer for more information or to initiate legal proceedings to become a guardian.

 

 

Types of Puerto Rico Guardianship: Child Guardians

 

 

There are many reasons why an adult other than a child's parent may be named as their legal guardian.  According to PR guardianship laws, children need guardians when their parents are unavailable or unable to make reasonable decisions about their care.  For instance, a child whose custodial parent has a severe disability or is incarcerated may have a guardian appointed by the court, as well as orphaned children.

 

 

In general, a parent may nominate a guardian under Puerto Rico guardianship laws, and this person will usually become guardian unless this is not in the best interest of the child.  Parents may be required to pay child support to their child's legal guardian in some situations.  If you wish to seek this type of PR guardianship without a parental nomination, you may want to hire a guardianship attorney who can help you evaluate your chances of becoming a guardian.

 

 

Types of Puerto Rico Guardianship: Guardians of the Person

 

 

Not all people who require a PR guardianship arrangement are children.  Some disabled adults are unable to make personal care decisions and must have a guardian appointed for them by the court.  A guardian of the person has the same legal rights and responsibilities with a disabled person that a parent does with a child.  Because this type of Puerto Rico guardianship can sometimes be quite expensive, it is best to talk to a guardianship attorney about your likely obligations before you commit to being someone's guardian.

 

 

Types of Puerto Rico Guardianship: Guardians of the Estate

 

 

If a disabled person is able to make reasonable decisions about day to day personal care responsibilities but is unable to responsibly handle his or her financial matters, a guardian of the estate may be appointed.  This is a common type of PR guardianship arrangement when someone has lost the ability to handle their finances due to old age or dementia.  Guardians of the estate are given financial control over the disabled person's money and accounts according to Puerto Rico guardianship laws, but not over day to day care.

 

 

Types of Puerto Rico Guardianship: Limited Guardians

 

 

Courts may appoint a limited guardian according to PR guardianship laws that has only certain responsibilities.  This type of Puerto Rico guardianship arrangement is common when someone's disabilities create major difficulties for them in one area of life but not others.  These arrangements are highly individualistic and depend entirely on the extent and nature of the guardianship needed at the time by the disabled person.  You may wish to consult a guardianship attorney for any and all questions pertaining to what PR guardianship laws allow a limited guardian's responsibilities to be.

 

 

 

 

Valuable Information on NV Guardianship 

 

 

Nevada Guardianship Laws

 

 

The majority of Nevada guardianship laws are located in NRS Chapter 159.  Several of these laws on Nevada guardianships are referenced within this article, and for a complete listing of all laws under Chapter 159, regard the following link under the state’s legislature: 

 

 

 

 

 

Information on this website is also referenced from the Nevada Guardianship Association, as well as the Supreme Court of Nevada.  Links to these two resources on NV guardianship are listed below: 

 

 

• https://nevadaguardians.org/index.php?option=com_content&task=blogcategory&id=2&Itemid=2 

 

 

• https://lawlibrary.nevadajudiciary.us/forms/standardizedGuardianshipforms.php 

 

 

Who is Eligible for Nevada Guardianship?

 

 

In order for an adult to qualify for a NV guardianship for an incapacitated ward or minor, they must be at least over the age of 18, and the state will usually give preference to family members before anyone else.  

 

 

Nevada guardianships will never be granted to convicted felon or person who has been determined as incompetent.  The party will have to testify in front of a judge as to why they believe the NV guardianship is best for the interests of the ward.  

 

 

Different Types of Nevada Guardianships

 

 

There are six different types of Nevada guardianship, and these guardianships are briefly described below: 

 

 

1. Guardianship of Person- this type of Nevada guardianship assists the ward with personal care, placement into a certain residence, safety, and medical decisions. 

 

 

2. Guardianship of Estate- this type of NV guardianship helps the ward with the security and management of their finances and assets. 

 

 

3. Guardianship of Person and Estate- this type of Nevada guardianship contains responsibilities for both personal and financial care.  

 

 

4. Special Guardianship of Limited Capacity- In these types of Nevada guardianships, a court will hear testimony from the ward and future guardian and determine the responsibilities of both the ward and guardian.  

 

 

5. Co-Guardianship- this type of NV guardianship is rare, but allows two or more people to share the responsibilities for the ward.  

 

 

6. Summary Guardianship- these types of Nevada guardianships allow the guardian to waive annual accounting when the estate is less than $5,000 in value unless a judge determines otherwise.  

 

 

How do I file for a Nevada Guardianship?

 

 

In order to petition for Nevada guardianships, you’ll have to file a petition with your district’s court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the NV guardianship is in the best interests of the ward.  For a list of Nevada courts, click on the link below: 

 

 

https://www.nevadajudiciary.us/index.php/district 

 

 

For a complete listing of all forms you may need for a Nevada guardianship, visit the following link under the state’s Supreme Court: 

 

 

https://lawlibrary.nevadajudiciary.us/forms/standardizedGuardianshipforms.php 

 

 

Nevada guardianships also give the respondent certain rights after the petition has been filed.  The respondent must be notified of the place and time of the hearing, be represented by legal counsel, be present at all proceedings except if they have a medical exception.  The respondent also has a right to trial by jury and may even cross examine witnesses.  

 

 

Rules for notices by the petitioner for the NV guardianship are listed in NRS 159.034, and a prospective guardian is highly encouraged to hire the services of an attorney before filing for Nevada guardianship.  

 

 

What is Emancipation and What Does It Involve?

Emancipation of minors refers to a set of laws that allows a minor to conduct business on their own behalf or for their own benefit that is regarded as outside the influence of their guardian or parent. An emancipated minor, although under the age of majority, will assume most adult responsibilities. An emancipated minor is therefore deemed, by the state, to be responsible for their own care—the individual is no longer under the care of their parents or guardians. The emancipation of minors enables the minor to have full contractual capacity to conclude contract with regard to their business endeavor.

In the United States, children are regarded as minors and are thus placed under the control of their parents or legal guardians, until they reach the age of majority. When the individual reaches the age of majority (in most cases 18 years of age) they are regarded as adult beings.

The precise laws for obtaining emancipation will vary from state to state. In most states in the U.S., the minor is required to file petition with the family court in the underlying jurisdiction. The petition signifies the formal request for formal emancipation; the petition will cite reasons as to why it is in their best interest to become emancipated.

Emancipations are very difficult to obtain because of the attached subjectivity of the “best interest” clause. In most cases, the state’s department of child services will be contacted and the child will be placed in foster care. In other cases, such as those where the minor is dissatisfied with their parents or guardian’s rules, the attempt to secure emancipation will be denied.

In addition to the laws surrounding the obtainment of emancipation, specialized provisions will dictate what the minor is legally allowed to do under state law. For example, an emancipated minor—depending on state law– may not get married without parental consent, quit school, drink or purchase alcohol or vote.

If a minor does achieve emancipation the individual can partake in the following efforts and activities:

• The emancipated minor can enter into a legally-binding contract, including real estate purchases or rentals

• The emancipated minor can enroll in the school of his or her choice

• The emancipated minor can sue or be sued in the court of law

• The emancipated minor can apply for work and keep income generated from work

• The emancipated minor can make healthcare decisions, including those relating to birth control and abortions

How is Emancipation Obtained?

Emancipation is obtained in the following three ways: marriage, military or obtaining permission from a court.

In most states, a minor will automatically secure emancipation once they get married. However, in order to get married, the minor must comply with state marriage requirements, which will indefinitely set a minimum age for marriage and require the minor’s parents to be present during the ceremony.

Minors can become emancipated by enlisting in the United States military, however, since military policy requires enlistees to have at least a high school diploma or equivalent, emancipation is rare through enlistment.

A few states will allow a minor to emancipate via a court order. Typically, the minor must be at least 16 years of age to receive emancipation through the court system. A court may grant emancipation if it believe it is doing so to serve the individual’s best interest—this determination is based on the following factors;

• Can the minor be financially self-sufficient through employment

• Is the minor living apart from his or her parents or has the minor made alternative living arrangements

• Is the minor mature enough to make decisions and function as an adult

• Is the minor attending school or has he/she received a high school diploma