Any adult can file a petition in court to become another person’s guardian.  If a person (the Petitioner) petitions to become another person (the Respondent)’s guardian, the Petitioner must give notice to the Respondent about his or her rights, including the right to object to the guardianship petition; to have a court hearing; and to be represented by an attorney at the court hearing.  ORS 125.060 to ORS 125.080.

If a judge decides that a Respondent is “incapacitated”, a guardian may be appointed for the incapacitated person.  State law defines “incapacitated” as a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person’s physical health or safety.  “Meeting the essential requirements for physical health and safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.  ORS 125.005 (5). 

The guardian’s powers may include the power to hospitalize the person even if the person does not want to go. For guardianships granted after January 1,1996, the guardian must file a statement with the judge if the guardian wants to place the person in a mental health treatment facility, a nursing home or other residential facility.  A guardian cannot have the person admitted unless the doctor or other mental health professionals agree that admission is appropriate.  A person who has been deemed incapacitated or any other interested person can contact the court to object to the placement.

ORS Chapter 126.