How to Get Guardianship of My Sister's Children in Oregon

Oregon laws for guardianship of children.

Obtaining a guardianship over your sister's children in Oregon requires that you follow the procedures established in Oregon Revised Statutes. There are two types of guardianship proceedings recognized under Oregon law. First, there are situations in which a voluntary guardianship is established. Second, a guardianship can also be ordered on an involuntary basis. Your particular circumstances, and those of your sister and children, dictate the type of procedure you need to follow.

Things You'll Need

• Petition for guardianship
• Letters of guardianship

Instructions

Voluntary Guardianship

1. Prepare an affidavit (a signed statement, under oath, executed in front of a notary public) from your sister and the father of the child (if both parents have custody). The affidavit sets forth the reason that a guardianship is necessary (your sister is being sent to active duty overseas, for example). Additionally, the document must set forth that your sister (and the father, if he is in the picture) agree to the establishment of a guardianship. The clerk of the court in your county likely has a standard form affidavit to use for this purpose. In the alternative, retain an attorney to deal with all necessary paperwork and other issues related to establishing a guardianship.

2. Obtain a petition form or sample petition for guardianship from the clerk of the court.

3. Complete the petition. Oregon law requires that you include the names of your children, the fact that your sister (and the father) agree with the request to establish a guardianship, and your basic information, including your relationship to the children.

4. File the petition with the clerk of the court.

5. Request a hearing date on your petition. The clerk of the court or the administrative assistant of the judge assigned to your case will provide you the hearing date and time.

6. Ask your sister (and the father of the children) to sign a waiver of a home study. Because this is a request for voluntary guardianship, a home study is not required if the custodial parent or parents waive such an examination. The clerk of the court should have a waiver form or a sample for you to use.

7. File the waiver of the home study with the clerk of the court in the guardianship case.

8. Attend the hearing and present information supporting your request to be named guardian for your sister's children.

9. Obtain letters of guardianship from the court upon approval of your petition. Under Oregon law, the letters of guardianship provide you the authority to serve as the guardian of your sister's children.

Involuntary Guardianship

1. File a petition for guardianship setting forth why the health and welfare of your sister's children depend on the establishment of a guardianship. For example, if your sister is incarcerated or suffering from a substance abuse issue, a guardianship may be necessary.

2. Obtain the names of professionals approved by the court to undertake a home study. Because this is an involuntary guardianship of minor children, Oregon law requires a home study.

3. Schedule a home study with a court-approved professional.

4. File the home study report with the clerk of the court in the guardianship case.

5. Obtain a hearing date and time from the court clerk or administrative assistant to the judge assigned your case. Do not schedule a court hearing until the home study is on file.

6. Attend the hearing and present evidence, including testimony of witnesses and documents, supporting your position that a guardianship is necessary to protect the safety, health and welfare of the children.

7. Receive letters of guardianship from the court if your petition for guardianship is approved.

Tips & Warnings

• Consider retaining a qualified Oregon attorney to assist you in obtaining a guardianship of your sister's children. Although the Oregon State Bar cannot make a specific referral, the organization maintains a directory of attorneys in different areas of practice. You can contact the Oregon State Bar at:

• Oregon State Bar

• 16037 SW Upper Boones Ferry Rd

• Tigard, OR 97224

• 503-620-0222

• osbar.org

References

• Arc of Oregon: Oregon Guardianship Law
• "Guardianship, Conservatorship and the Law;" Margaret C. Jasper; 2008
• "Guardianship & Conservatorship: A Handbook for Lawyers"; Scott K. Summers; 1996

Resources

• Guardianship/Conservatorship Association of Oregon
• Oregon State Bar