Conservatorship and Guardianship Attorneys
When a loved one is no longer able to make health care or financial decisions, the court may appoint someone to act as their guardian or conservator to make these decisions on their behalf. Minor children sometimes need a guardian or conservator to ensure their rights are protected as well.
Conservatorship and Guardianship
Our estate planning and guardianship attorneys at Johnson & Taylor help clients determine the best way to legally protect your loved one’s interests. We can assess the circumstances surrounding your case and advise you on the best course of action to ensure your loved one receives the care and protection they need.
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Bicycle AccidentBicyclist vs vehicle collision where client sustained soft tissue injuries. Despite reasonable evidence as to fault, insurance company denied liability and would not offer any compensation to client. We filed a lawsuit and just over two months later the insurance company paid our client’s full demand and attorney fees as well.see more results
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Pedestrian AccidentPedestrian suffered traumatic internal injuries as a result of a trip and fall over a raised portion of sidewalk. Despite disputes over who maintained the sidewalk and the cause of the raised portion between the two adjacent property owners, we were able to secure significant settlements against both homeowner policies, reduce medical liens by tens of thousands of dollars, and put a generous amount of money in client’s pocket.see more results
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Rear-End AccidentRear-end accident victim sustained injuries that persisted for some time and required surgery. Medical costs alone were double the available insurance funds from all applicable insurance policies. We were able to get all medical liens waived and client ended up with a majority of the funds from insurance.see more results
What Is A Guardian?
A guardian is a person who is appointed by the court to make personal and health care decisions for a minor or incapacitated person. If the incapacitated person is an adult, they are known as the “protected person.” The court may also appoint a guardian and give them broad authority to make personal decisions for the protected person, including what type of medical treatment they receive and where they live. In some cases, the authority of a guardian is more limited.
When Is Guardianship Appropriate?
When someone cannot make reasonable decisions regarding their health and safety, guardianship is often an effective solution to safeguard their well-being. The court makes this determination, and the facts must satisfy Oregon’s statutory standard of incapacitated defined under Oregon statute ORS 125.005(5).
Incapacitation is defined as “a condition in which a person’s ability to receive and evaluate information effectively or make decisions is impaired to such an extent that they cannot meet essential requirements for their physical health or safety.” Essential requirements for health and safety can include food, shelter, clothing, and health care. A guardian is appointed to ensure these vital needs are met.
Deciding someone’s capacity is challenging. Until a person is deemed legally incapacitated by a court, they retain all of their rights and privileges to make decisions on their own behalf, even if those decisions are damaging to their health and security.
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“I appreciated the time he took with me to explain all the details and to ease my concerns. Also, Myra was very helpful and pleasant. Overall I am very satisfied with their service.”- Dawn S.
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“I recently used Johnson and Taylor, Person Injury and Family Law to assist me in divorce proceedings. Brittany Sumner and her paralegal, Stephanie Kincaid, provided excellent service and expertise. They were quick to respond to questions via email or phone and were able to schedule appointments in a timely manner. I highly recommend this practice and will use them again in the future should I have need for legal representation.”- Natalie R.
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“There was a lot of debt that needed to be sorted out, but they were both confident and positive that things would be straightforward, but were always prepared if things were to become more difficult. They made the process as painless and easy as possible, and were communicative and very patient with me and all of the worries I had. 10 out of 10, I can confidently say that I would happily work with them again if I ever need another divorce”- Margaret C.