Guardianship in Oregon refers to a legal relationship in which a court appoints an adult person to care for another person who is not legally competent to care for themselves, e.g., a minor sibling. Courts in Oregon might order a guardianship in a variety of situations. A person does not actually get custody of a sibling in Oregon. However, they may be appointed to serve as the guardian of their minor sibling in the appropriate circumstances.
Guardianship refers to the relationship in which a person who is not a parent has a legal status that is comparable to that of a parent. In cases in which one parent has legal custody of a child, a non-parent who is a guardian can have physical custody. There are some common child custody questions that can have an affect on both guardians and custodial parents. A legal consultation would help a person understand the differences.
To be appointed the guardian of a child, the child’s biological parents must have voluntarily given up their legal custody. Or a judge may have revoked the custody rights of the parents. A court’s suspension of legal custody can be temporary or permanent. It is something that only a court of law can do. A local attorney in Oregon would be able to explain these processes.
A guardian may also be appointed in the event that both parents pass away while a child is still a minor.
The responsibilities of a guardian are like those of a parent and include the following:
- The guardian must provide for the care, comfort, and maintenance of their minor sibling.
- When appropriate, the guardian must make arrangements for the training and education of the minor.
- The guardian must take care of the minor sibling and their personal property.
- The guardian shall maintain health care and necessities for the protected person or persons.
- The guardian shall maintain a clean and safe environment for the protected person or persons.
What Is the Process for Obtaining Guardianship of a Sibling?
A potential guardian would file a petition in the court in the Oregon county where their minor sibling resides. The petition should explain the reasons why they want to be appointed the guardian of their minor sibling.
After a petition is filed, the court may appoint a guardian ad litem, who is an attorney whose role is to represent the interests of the ward, e.g., the minor sibling, for the purposes of the guardianship process.
The court must appoint a person who is referred to as a “Court Visitor” in cases in which the guardian of a minor may be appointed. The Visitor is a person who is trained or has the expertise needed to evaluate the case. The Visitor investigates the capacity of the proposed guardian to serve in that role. It then communicates its recommendation about whether the proposed guardian is an appropriate person for the role.
At the conclusion of the hearing, the judge decides whether to grant the petition for guardianship. If the court decides in favor of granting the petition, it issues what are called “letters of guardianship” in Oregon legal terminology. These letters specify the guardian’s exact powers and responsibilities.
The court may appoint any person whose appointment it thinks would be in the best interest of the minor child. However, if the child is 14 years old or older, any person the child nominates must be appointed unless the appointment is contrary to the child’s best interest. Also, a parental nomination has priority.
How Old Do You Have to Be to Take Custody of a Sibling in Oregon?
In Oregon, a person must be at least 18 years old to assume responsibility for the care of a sibling as a guardian.
Can a Sibling Become the Legal Guardian of a Minor?
Anyone who is interested in the welfare of a child may be appointed as guardian and/or conservator. A person who wants to be appointed as a guardian or conservator has to inform the court of the following:
- Whether they have been convicted of a crime
- Whether they have filed for bankruptcy
- Whether they have had a professional or occupational license revoked or canceled in any state.
Prospective guardians must also sign a consent stating that they are willing to serve.
What Else Should Be Considered?
As noted above, a child who has been orphaned may need a guardian. Also, guardianship might be appropriate if an Oregon court has determined that it is in the child’s best interest to terminate the parental rights of a child’s biological parents per child custody laws in Oregon. A court might terminate a parent’s right to custody of their child in cases that involve child abuse or neglect, drug or alcohol addiction, or parental incapacity.
In some situations, a child’s parents themselves may have named an adult sibling in their will to serve as the child’s guardian if the parents pass away or become incapacitated.
It is possible that an adult sibling of a minor child would be the person who petitions a court to terminate the parent’s rights. An Oregon family law attorney would be able to help an adult sibling collect and present evidence to support termination of parental rights and show that it would meet the child’s best interest standard. Courts use this standard for all child custody decisions in Oregon. A court always wants to do what serves the best interest of the child.
A family law attorney might also prepare the legal petition to get the adult sibling appointed as guardian.
The guardianship of a minor sibling would come to an end when the minor reaches the age of 18 years old or is emancipated by marriage or the order of a court.
A court might also appoint a person to manage the property of a minor. This might be required, for example, in a case in which the parents have passed away and left an inheritance for the minor that must be managed for them. This person would be referred to as a conservator in Oregon.
A conservator has the authority to invest and reinvest funds, deposit funds in financial institutions, buy and sell real estate as well as personal property, manage stocks, bonds and stock options, borrow to protect the ward’s estate, and do any other reasonable acts that serve the interests of the conservatee and their assets.
A conservator is required by Oregon law to provide an accounting of the conservatee’s assets to the court at least every three years. The court may order an accounting more frequently. An accounting is also required upon the resignation or removal of the conservator.
Do I Need an Attorney for Sibling Custody Issues?
To become the legal guardian of your sibling who is under the age of 19, you want to consult an Oregon child custody lawyer. LegalMatch.com can quickly and easily connect you to a lawyer who understands the forms, documents, and court procedures required and can help you make your best case.
