Protective Proceedings

Oregon law provides that a court may appoint a guardian for an adult person only as is necessary to promote and protect the well‑being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self‑reliance and independence of the protected person and may be ordered only to the extent necessitated by the person=s actual mental and physical limitations. Similarly a court may appoint a conservator and make other appropriate protective orders if the court finds by clear and convincing evidence that the proposed Aprotected person@ is a minor or financially incapable, and has money or property that requires management or protection. An Order of guardianship or conservatorship terminates or severely limits the protected person=s rights and freedoms. State laws require that less restrictive alternatives are explored before guardianship or conservatorship is ordered.

According to Oregon law, you are considered incapacitated if you cannot make decisions well enough to get health care, food, shelter, clothing, and other care necessary to avoid serious physical injury or illness and, therefore, need continuing care and supervision.


A guardian is an individual appointed by the court to make decisions about the health and well‑being of an incapacitated person, or a minor child. This includes healthcare, and residence decisions. Any suitable person may be appointed as guardian. To verify the allegations of incapacity, the court may appoint a visitor to interview the alleged incapacitated person.


A conservator is an individual appointed by the court to make decisions about the finances of an incapacitated person, or a minor child. Conservatorships are necessary to protect adults who do not have the capacity or ability to care for themselves or their estates. a conservator’s powers include general spending, budgeting, and the retention and sale of assets.

Elder Abuse

Oregon has some of the toughest elder abuse protections in the nation. Simply put, to meet the pleading standard one has to allege that: 1) the victim is over 65 years of age OR financially incapable OR a person with a disability OR incapacitated; and 2) the wrongdoer took $1 more than they were entitled to. Damages are set at three times the total of all economic damages.  More often than not the wrongdoer is a family member, someone in a close personal relationship with the victim, or a caregiver. We have successfully litigated more of these cases than any other firm in Oregon.