Guardianship is a highly intrusive restriction on the rights and self-determination of a person. In this legal process, a judge is asked to determine if a person is capable of making important decisions for themselves. If the judge determines that they are not, the judge appoints an adult to make those decisions for the person. Guardianship… Continue Reading How we transformed Oregon’s guardianship laws.
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Appointments of guardians for incapacitated persons raise constitutional due-process rights. When a person is placed in a long term care facility, a mental health treatment facility, or a facility for people with developmental disabilities, at stake are liberty interests that heighten constitutional protections. Continue Reading Notice requirements related to placement or movement of a protected person