How to Get Guardianship of a Minor in Oregon

To get guardianship of a minor in Oregon, you file a petition in the circuit court of the county where the child lives, pay a $124 filing fee, serve notice on the child’s parents and other required parties, and attend a hearing at which a judge decides whether the appointment serves the child’s best interests.¹ The process usually takes several weeks from filing to appointment; contested cases run longer.

Who Can Serve as Guardian

Oregon does not restrict guardianship to relatives. Any adult the court finds suitable can be appointed. When choosing among candidates, the judge weighs the child’s specific needs, any preference expressed by the child or by a parent, the proposed guardian’s relationship to the child, and the child’s estate.²

Some people are disqualified. You cannot serve if you are a minor yourself, are incapacitated, or currently act as the child’s health care provider. Oregon also bars a parent or former guardian whose parental rights were terminated by a court, or whose child was permanently removed from their home through a child welfare proceeding.²

Courts appoint guardians when a child needs a formal legal caregiver: after the death of both parents, when a parent is incapacitated, when a parent has abandoned the child, or when a parent facing military deployment, incarceration, or a medical crisis voluntarily consents to a guardianship.

What the Petition Must Include

The Oregon Judicial Department publishes a minor guardianship packet with the required forms. The central document is the Petition for Minor Guardianship. It must state the child’s name, age, and address; your name, age, address, and relationship to the child; and a factual explanation of why guardianship is necessary. You must also identify anyone already acting as a fiduciary, trustee, or agent under a power of attorney for the child.

The petition includes a disclosure about your background. Oregon law requires you to state whether you have been convicted of a crime, filed for bankruptcy, or had a professional license revoked, and to explain the circumstances if any apply. None of these is automatically disqualifying, but the court needs the information.²

You will also file an Acceptance of Appointment, in which you formally agree to serve. The court must have this on file before it issues Letters of Guardianship.³ If a parent voluntarily agrees to the guardianship, they can sign a consent form, but the signature must be witnessed by a notary or court clerk.¹

Filing and Serving Notice

File the completed petition at the circuit court in the county where the child lives. The filing fee is $124.⁴ If you cannot afford it, apply to the court for a deferral or waiver.⁵

Once filed, you must serve notice on a broad list of interested people:

Both parents, unless they have already signed a consent form
The child, if they are 14 or older
The person who has been primarily caring for the child during the 60 days before you filed
The child’s spouse, adult children, or closest relatives if no parents are living
Anyone named as guardian in a deceased parent’s will
A Department of Veterans Affairs representative, if the child receives VA benefits

The court can require notice to additional people it considers relevant.⁶ Service generally requires personal delivery by someone other than you. Hiring a professional process server is common and typically costs between $45 and $125.

The child has the right to their own attorney during the proceedings. The notice form in the guardianship packet informs the child of that right and points to free or low-cost help, including Legal Aid Services of Oregon.¹

The Hearing

The court schedules a hearing after notice is served. If anyone files objections, the court must hold a hearing and give everyone entitled to notice at least 15 days’ advance warning of the date, time, and place.⁷ Even uncontested cases usually involve a hearing where the judge reviews the petition and asks questions.

The judge’s central question is whether the guardianship serves the child’s best interests. That means looking at why the parents cannot care for the child, whether you are suitable, and whether the arrangement fits the child’s needs. If a parent opposes the petition, both sides may present witnesses and evidence, and having an attorney matters much more.

For minors over 16 who are likely to need a guardian into adulthood, the court appoints a “visitor,” an independent person with relevant training who interviews the child, the proposed guardian, and others, then reports findings to the judge. For younger children, a visitor is discretionary.⁸

If the judge approves the petition, the court signs a judgment and issues Letters of Guardianship. That document is your official proof of legal authority to make decisions on the child’s behalf, and it is what you show to schools, doctors, and government agencies.³

Emergency and Temporary Guardianship

If the child faces an immediate and serious threat to their life or health, you do not have to wait for the full process. A judge can appoint a temporary guardian on a finding, by clear and convincing evidence, that the child is in immediate danger and the situation requires emergency action.⁹

A temporary guardianship lasts no more than 30 days. The court can extend it once for another 30 days, and that is the maximum. The appointment is limited to a specific purpose and can be revoked at any time. If protection is needed beyond that 60-day window, someone must file a standard guardianship petition.⁹

What You Take On After Appointment

Once appointed, you are responsible for the child’s housing, food, clothing, education, and medical care. Oregon law also requires you to maintain regular contact with the child, learn their abilities and needs, and involve them in decisions to the extent that is practical for their age.¹⁰

A guardianship covers personal care and daily decisions only. If the child has significant financial assets, such as an inheritance, a lawsuit settlement, or real estate, the court may also require a conservator to manage those assets. That is a separate appointment, and you may need to petition for it in addition to guardianship.

You must file a written report with the court every year, due within 30 days after each anniversary of your appointment.¹¹ The report covers the child’s living situation, physical and mental health, education, any significant changes during the year, and major decisions you made on the child’s behalf. It is filed under penalty of perjury, and missed or incomplete reports draw scrutiny from the court.¹²

How the Guardianship Ends

A minor guardianship is not permanent. It ends when the child turns 18. At that point anyone can move to terminate the proceedings, and the court will grant the motion.¹³

It can also end earlier. The court can terminate the arrangement if it is no longer in the child’s best interests, for example when a parent has recovered and is ready to resume care. It ends if the child dies. A guardian who can no longer serve can petition to be relieved.¹³

If you are the guardian and someone else seeks to end the guardianship over your objection, the burden shifts to you. You must prove by clear and convincing evidence that the child still needs the guardianship, and the court will appoint a visitor to investigate before ruling.¹³

1
Oregon Judicial Department. Instructions for Minor Guardianship Packet
2
Oregon State Legislature. Oregon Revised Statutes Chapter 125 – Protective Proceedings
3
Oregon State Legislature. Oregon Code 125.310 – Letters of Guardianship
4
Oregon Judicial Department. 2026 Circuit Court Fee Schedule
5
Oregon Judicial Department. Fees
6
Oregon State Legislature. Oregon Code 125.060 – Who Must Be Given Notice
7
Oregon Public Law. Oregon Code 125.075 – Presentation of Objections
8
Oregon Public Law. Oregon Code 125.150 – Appointment of Visitors
9
Oregon State Legislature. Oregon Code 125.600 – In General
10
Oregon Public Law. Oregon Code 125.315 – General Powers and Duties of Guardian
11
Oregon Judicial Department. Oregon Minor Guardianship Report
12
Oregon Public Law. Oregon Code 125.325 – Guardians Report
13
Oregon State Legislature. Oregon Code 125.090 – Termination of Proceedings