Guardianship and conservatorship in Oregon: who, where, cost

How a court can name a guardian or conservator in Oregon, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian, conservator, temporary fiduciary (protective proceedings)

Filing fee
$124 filing fee for a guardianship petition. Conservatorship filing fees depend on the estate: $278 (under $50,000), $591 ($50,000 to under $1 million), $882 ($1 million to under $10 million), $1,176 ($10 million or more).
Court
Circuit court, in some counties a county court exercising probate jurisdiction.

What guardianship or conservatorship is

What it is called

Guardian, conservator, temporary fiduciary (protective proceedings)

When a court may appoint one

A guardian can be appointed only if the court finds by clear and convincing evidence that the adult is incapacitated (their ability to receive and evaluate information or communicate decisions is so impaired that they cannot meet essential needs for physical health or safety) and that a guardian is needed for continuing care and supervision. The order must be no more restrictive than reasonably necessary and must encourage maximum self-reliance and independence. A conservator can be appointed if the adult is financially incapable and has money or property that needs management or protection.

Law: ORS 125.005, 125.300, 125.305, 125.400

Kinds
  • Guardian
  • Conservator
  • Temporary fiduciary (up to 30 days, extendable once by 30 days)
  • Other protective orders in place of a fiduciary

Law: ORS 125.005, 125.010, 125.055, 125.300, 125.305, 125.400, 125.600

Who can ask, which court and your own choice

Who may ask

Any person interested in the affairs or welfare of the adult (the 'respondent') may file a petition.

Law: ORS 125.010

Court

Circuit court, in some counties a county court exercising probate jurisdiction.

Choosing your own

The court appoints the most suitable willing person, considering any stated desire of the respondent and family relationships. A valid health care representative appointment overrides a court-appointed guardian's health care powers unless the court orders otherwise.

Law: ORS 125.200; ORS 127.545(5)

Effect on a power of attorney

If a conservator is appointed, the agent under your power of attorney accounts to the conservator instead of you, and the conservator can revoke, suspend or end all or part of it. The court may revoke the power of attorney when it appoints a conservator.

Law: ORS 127.005(5), 127.015(2)

Cost, fee waiver and forms

Filing fee

$124 filing fee for a guardianship petition. Conservatorship filing fees depend on the estate: $278 (under $50,000), $591 ($50,000 to under $1 million), $882 ($1 million to under $10 million), $1,176 ($10 million or more). A petition asking for both pays the single highest applicable fee. Each court also sets a fee for the court visitor; Columbia County's packet lists $400.

Law: ORS 21.145, 21.175; ORS 21.180; ORS 125.055(1)(b); ORS 125.170

Fee waiver

A judge may waive or defer filing fees and court costs if you cannot pay.

Law: ORS 21.682

Forms
Steps

Steps

Other options and where to report abuse

Less restrictive options
  • Power of attorney: Names an agent for money and property; it keeps working after incapacity unless it says otherwise.
  • Advance directive / health care representative: Names a person to make health care decisions and records your wishes.
  • Declaration for mental health treatment: Records mental health treatment choices and can name an attorney-in-fact.
  • Other protective order instead of a fiduciary: The court can enter a narrower protective order in place of appointing a guardian or conservator.
Report abuse or exploitation

Oregon Department of Human Services abuse hotline (older adults and vulnerable adults) · 1-855-503-7233

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Free help in Oregon

Report abuse or exploitation

Oregon Department of Human Services abuse hotline (older adults and vulnerable adults) · 1-855-503-7233

Questions about powers of attorney in Oregon

How does guardianship or conservatorship work in Oregon?

A guardian can be appointed only if the court finds by clear and convincing evidence that the adult is incapacitated (their ability to receive and evaluate information or communicate decisions is so impaired that they cannot meet essential needs for physical health or safety) and that a guardian is needed for continuing care and supervision.

What does a guardianship or conservatorship cost in Oregon?

$124 filing fee for a guardianship petition. Conservatorship filing fees depend on the estate: $278 (under $50,000), $591 ($50,000 to under $1 million), $882 ($1 million to under $10 million), $1,176 ($10 million or more).

What are the alternatives to guardianship in Oregon?

Power of attorney; Advance directive / health care representative; Declaration for mental health treatment; Other protective order instead of a fiduciary.

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