Legally Speaking: Don’t let a stranger be your guardian

A recent article in The New Yorker reported on a case in Nevada in which a professional guardian had herself appointed as guardian over numerous elderly people. The elderly people became her wards without ever requesting her services. After being appointed as their guardian, she engaged in a pattern of fraud against the elderly wards. None of the elderly wards had any prior relationship with the professional guardian, nor had they even known her prior to her seeking appointment to be their guardian.

Oregon attempts to regulate professional guardians, but it is nevertheless possible for a professional guardian to be appointed as guardian even though they are a stranger to the proposed ward.

How can this be avoided?

Oregon law provides that a court is required to give preference to a person’s expressed desire when appointing a guardian for the person. One way this can be accomplished is by specifying your preference for a future guardian in a written power of attorney, which can be signed in advance and remain in effect even if you become incapacitated later. Such power of attorney can be distributed to family members, and a copy can be kept with your attorney so that your wishes will be honored if it becomes necessary in future for a guardian to be appointed. People typically nominate friends or family members in their power of attorney document for this purpose.

Some older powers of attorney forms did not contain such nomination provision for guardians. If yours does not, you should consider updating your power of attorney so that your wishes regarding these matters will be clearly established.

Bruce Coalwell has been an attorney in Roseburg since 1981 and is a shareholder in the law firm of Dole Coalwell, P.C.

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Legally Speaking: Don’t let a stranger be your guardian