Oregon Conservatorship Process: How to Get Financial Authority Over a Parent's Estate

Guardianship vs. Conservatorship in Oregon

Oregon draws a sharp line between these two roles. A guardian manages a protected person's "person" — their living arrangements, medical care, and daily welfare. A conservator manages the "estate" — their money, property, investments, and financial obligations.

Under ORS Chapter 125, one person can serve in both roles, or they can be split between two different people. A parent who can still make personal decisions but can no longer manage a checking account might need only a conservator. A parent who needs help with both gets both roles assigned, often to the same adult child.

The legal threshold is different too. Guardianship requires "incapacity" under ORS 125.005(5) — an inability to meet essential physical health and safety needs. Conservatorship requires "financial incapability" under ORS 125.005(3) — an inability to manage financial resources or protect property from waste or dissipation. A parent can be financially incapable while still being personally competent, and vice versa.

Filing the Petition

You file in the circuit court of the county where your parent lives. Oregon consolidated the filing fee structure under Senate Bill 15, so requesting both guardianship and conservatorship in a single petition costs one "simple proceeding filing fee" of $124 under ORS 21.145 and ORS 21.175 — not double.

On top of the filing fee, an adult guardianship case requires the court to appoint a neutral Court Visitor who interviews your parent, evaluates their capacity, and files a written report within 15 days. These fees vary by county:

• Multnomah County: $750
• Clackamas County: $400 to $550
• Columbia, Coos County: $400
• Lane, Benton, Clatsop County: $300

Your total initial court costs before attorney fees and bonding: $424 to $874 depending on jurisdiction.

The Bonding Requirement

This is the financial burden unique to conservatorship. Under ORS 125.410, a conservator must post a surety bond covering the total value of the protected person's personal property plus one year of projected income.

If your parent has $80,000 in savings and receives $2,500 per month in Social Security and pension income, the bond amount would be roughly $110,000 ($80,000 plus $30,000 annual income). Bond premiums typically start around $85 per year for smaller estates but scale with asset value. For a $110,000 bond, the annual premium will depend on the surety and the bond amount.

The court may have discretion to waive or modify a bond in specific circumstances, but do not assume a waiver will be available for an estate with meaningful liquid assets.

Mandatory Reporting and Accountings

Once appointed, a conservator faces ongoing compliance obligations:

90-day inventory. You must file a complete inventory of the protected person's estate within 90 days of appointment — every bank account, investment, real property holding, vehicle, and valuable personal property, each with a current valuation.

Annual accountings. Within 60 days of each anniversary of your appointment, you must file a detailed financial accounting with the court showing every dollar received, spent, and invested. Oregon courts require supporting documentation — bank statements, receipts, copies of canceled checks — unless the judge specifically waives the voucher requirement.

No self-payment without court approval. Under ORS Chapter 125, a conservator cannot pay themselves, their attorney, or the protected person's care providers from estate funds without prior court authorization. This applies even to reimbursement for legitimate out-of-pocket expenses you've already incurred.

When Conservatorship Becomes Necessary

Most families end up in conservatorship court because a POA either doesn't exist or wasn't executed while the parent still had capacity. Common triggers:

• A parent with advancing dementia who never signed a financial power of attorney
• Banks refusing to honor an existing POA because of suspected exploitation or document defects
• Siblings disputing who should control a parent's finances, requiring judicial resolution
• A parent making clearly irrational financial decisions (giving large sums to scammers, for example) but refusing to cooperate with family

If your parent still has capacity to understand and sign a durable financial power of attorney, that path costs a fraction of conservatorship — a notary fee of $10 to $50 versus thousands in court costs and attorney fees. The Oregon Power of Attorney & Guardianship Kit covers both the voluntary POA path and the conservatorship filing process for families who've already passed the capacity window.

The Notice and Service Rules

After filing, you must personally serve your parent with the petition and notice of protective proceedings. Copies must also be mailed or hand-delivered to your parent's spouse, their parents (if living), and all adult children. Any of these people can file a written objection, which triggers a mandatory evidentiary hearing before the judge.

Service must happen within 14 days of filing. Use the county sheriff or a licensed process server — expect $30 to $100 for service fees. Self-service is not permitted; you cannot personally hand the papers to your parent if you're the one filing the petition.

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