Guardianship Rights: Who We Help and How We’ve Transformed Guardianship Law

Who We Help

In guardianship proceedings, we only represent the people who are or may become the “protected person.” We do not represent guardians or assist in securing guardianship over a person with a disability. We only represent people with disabilities themselves. DRO’s representation or intervention as the Protection and Advocacy agency includes objecting to guardianships, advocating for increased independence and self-reliance within guardianship, and moving to restore rights and terminate guardianship.

How We’ve Transformed Guardianship Law

In 1991, we filed a federal lawsuit (Grant v. Johnson) to uphold the civil rights of a woman held in a psychiatric facility by her husband who was appointed temporary guardian. While this woman was locked away, her guardian drained her bank accounts and fled the state. Because of that decision, when someone seeks a guardian appointment for an Oregonian, that individual must receive timely notice of when a guardianship petition is filed and be given an opportunity to voice disagreement. We successfully advocated to etch these protections into state statute.

We also fought to require notification to DRO whenever a guardianship was sought over a person who was in, or was to be placed in, a mental health treatment facility or a residential facility for individuals with developmental disabilities.

We have successfully promoted legislation that includes requiring petitioners to identify less restrictive alternatives to guardianship (see SB 2630) and providing notice of rights to a new protected person (see SB 376).

We worked with a task force that created the Oregon Public Guardian and partner with the Oregon Long-Term Ombudsman’s Office in advocating for resident rights pertaining to guardianship.