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From: "John Davis" <>
Subject: Re: [TMG] Sentence for guardianship
Date: Tue, 1 Nov 2005 11:40:46 -0800
References: <20051101.110046.1848.11.dean.scribner@juno.com>


Since my family just went through a situation that demanded the
appointment of a guardian and conservator, I thought that this might be
of interest to others on the list, and perhaps be of help in more
accurately understanding the terms and writing sentences to describe the
situation.

The blurb below is the way it works under Oregon law (where the
protected person originally resided), and, in the case I am referring
to, the appointments are now honored under the laws of Alaska (where the
conservator resides) and the state of Washington (where the guardian and
the protected person now reside). There may be some differences under
different state laws, and I have no idea how it is handled in other
countries.

The conservator and guardian, in Oregon, may also be the same person.
(Conservator/Guardian.) In our case, the family petitioned the Oregon
court for the assignment of conservatorship and guardianship to two
separate family members for the care of a another family member who had
become incapacitated and dependent.

The following is from
http://www.oregon.gov/DHS/spd/legal.shtml#guardians

"The court may appoint a guardian for health care matters and a
conservator for financial matters. If no one has this legal authority
prior to the incapacity, then the court may be called on to appoint
someone or to intervene and assist the dependent person.

"A guardian is appointed to make health care and personal decisions for
a person who is incapacitated through a physical or mental disability. A
guardian could have the legal right to decide where this person will
live and the medical treatment he receives. In some instances, a
guardian may be given authority, by the courts, to oversee financial
matters. Additionally, the courts could limit the scope of the
guardian's authority, including the limit over medical decisions.

"A conservator is appointed to oversee the financial affairs of a person
who is unable to do so. The conservator takes control of the dependant
person's assets and must handle them, including investing, for the
welfare of this protected person. Once a conservator is appointed, a
dependent person may not liquidate his own assets or determine how the
monies will be invested without the consent of the conservator."

Hope this helps,
John Davis

----- Original Message -----
From: "Dean Scribner" <>
To: <>
Sent: Tuesday, November 01, 2005 10:57 AM
Subject: Re: [TMG] Sentence for guardianship


> There seems to be a presumption that Guardianship means Wardship
and/or
> Custody, when in a majority of cases, it is neither. Usually, a
guardian
> is appointed to protect the property interests of another person until
> that person is legally competent to administer them himself. I have a
> case where a father was appointed guardian for his own children
because
> they had inherited property from their deceased mother's parents
before
> they were of legal age to administer the property themselves. There
can
> be no standard sentence for guardianship, because each case has its
own
> peculiar circumstances.
>
>
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