Legal Question in Family Law in Oregon

Re: Transfer of Guardianship

If you have been appointed by the court as the guardian of a person, as part of a formal, judicial guardianship proceeding, you cannot "transfer" the guardianship without the approval of the judge.

On the other hand, if what you are talking about is simply exercising your right as a parent to allow your child to go live with someone else and your giving authority, at least on a temporary basis, to that other person to exercise parental authority (such as consenting to medical treatment for the child, etc.), you can accomplish that (without any need for judicial involvement) by simply signing a properly worded Power of Attorney, as authorized by ORS 109.156.

ORS 109.056 says:

" * * * [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."

Although limited to a term of six months, there is nothing that prevents you from simply renewing the Power of Attorney every six months for another six-month term. Best accomplished by signing a new document each time you do it.

LAWRENCE D. GORIN

Law Offices of L.D. Gorin

621 S.W. Morrison St., Suite 350

Portland, Oregon 97205

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-274-0818

E-mail: [email protected]