Eugene, OR asked in Family Law for Oregon

Q: How to apply for guardianship in the state of Oregon? Price is a issue.

My son is 22 yrs. 3x brain cancer with psychosis and delusions, no income or assets. We need to make medical decisions. Right now we work with his Doctors that have known him since he was 13 yrs. they know his wants because up till 1.5 yrs ago he actively made decisions and made his wishes known. We know that not everyone in the medical community knows his wishes and as he ages this will become more complicated. He has very complicated med history and heath concerns that will be lifetime and if he doesn't get the correct care it becomes life threatening very quickly.

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1 Lawyer Answer

A: You should make sure that your son has signed an Advanced Directive which names you (the plural you - his parents) as having the power to make his medical decisions when he can't. This form is available for free at most hospitals but I think that form as written can be very confusing so it would be wise to invest in talking to an attorney about how to best fill out this form.

You are probably right that a court appointed guardianship would give you better control over his medical care ad his all around personal care but that would require paying an attorney to set this up. There are court fees which you will have to pay that cover the cost of a "visitor" who is a court appointed professional goes and talks with your son and evaluates whether he needs a guardianship. The visitor then sends a report to the court and the court requires this report before the guardianship can be created. If your son doesn't want a guardianship and appears to be able to make his own decisions when the visitor evaluates him, you may not be able to get a guardianship set up. While there may be a large cost to set up the guardianship, the annual cost is much cheaper then a conservatorship. As guardian you will just need to file a report with the court every year.

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