Legal Question in Family Law in Oregon

Re: Guardian Passes away minor child left behind

YOUR QUESTION:

My father had guardianship of my 9 yr old daughter and has recently passad away.Does the guardianship return back to me?If so what do I have to do or what can't I do?

ANSWER:

The guardianship case continues upon the death of the existing guardian, assuming that there is still a need for a guardian. If so, any interested person would have to petition the probate court for the appointment of a SUCCESSOR GUARDIAN, now that the one previously appointed can no longer fulfill his/her responsibilities as guardian.

On the other hand, if there is no longer a need for a guardian, somebody ought to notify the probate court and file a motion for an order terminating the guardianship and closing the case. (That way the court will no longer be seeking an annual Guardian's Report, etc.)

L.D. Gorin

http://www.divorcesource.com/OR/pages/ldgorin.html