Legal Question in Family Law in Oregon

legal guardianship

Our 16 year old niece will be coming to live with us. Is a legal guardianship necessary for medical or other reasons? Thank you.


Asked on 2/29/04, 7:42 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Try using a temporary delegation of parental authority.

Oregon Revised Statute (ORS) 109.056 --- Delegation of certain powers by parent or guardian; delegation during period of military service.

(1)Except as provided in subsection (2) or (3) of this section, a parent or a guardian of a minor or incapacitated person, by a

properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the

powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to

consent to marriage or adoption of a minor ward.

(2) A parent or a guardian of a minor child may delegate the powers designated in subsection (1) of this section to a

school administrator for a period not exceeding 12 months.

(3) A parent or guardian of a minor child may delegate the powers designated in subsection (1) of this section for a

period not exceeding the term of active duty service plus 30 days when the parent or guardian is a member of the

organized militia of this state or any other reserve component of the United States Armed Forces who is required to enter

and serve in the active military service of the United States under a call or order by the President of the United States. If

the minor child is living with the child�s other parent, delegation under this subsection must be to the parent with whom the

minor child is living unless a court finds that such a delegation would not be in the best interests of the minor child."

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Stevens-Ness Form 1478 complies with the requirement of this statute.

You can view an example of Stevens-Ness Form 1478 online at:

http://www.stevensness.com/store/?Enter+Forms+Store=Enter+Forms+Store

LDG

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Answered on 3/01/04, 12:31 am


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