What is Guardianship?

Adult Guardianship is a legal relationship, designed to protect incapacitated individuals and promote their well being. Oregon differentiates between guardianship for minors and for disabled adults in the law. The basic Oregon laws are found at ORS 125. For those whose functional limitations prevent them from making informed decisions, having a Guardian can mean the difference between life and death. The incapacity necessitating a guardianship may be caused by mental illness, developmental disability, age, accident or other causes. A developmental disability or mental illness is not, by itself sufficient reason to declare someone incapacitated. Each state has specific laws which govern guardianship proceedings and the guardian's activities, and the final decision about incapacity is made by a court.