Conservatorship vs Guardianship Oregon: Key Differences for Disabled Adults

Oregon separates personal authority from financial authority in its protective proceedings system. A guardianship handles care, medical, and residential decisions. A conservatorship handles money, property, and financial obligations. They're filed through the same circuit court under ORS Chapter 125, but they grant different powers and carry different requirements.

Understanding the distinction matters because many families petition for more authority than they actually need.

Guardianship: Authority Over the Person

A guardian appointed under ORS Chapter 125 makes decisions about:

• Medical care and consent — approving treatments, medications, and procedures
• Residential placement — deciding where the protected person lives (with a 15-day notice requirement for facility moves)
• Daily personal care — coordinating services, managing care providers, approving activity programs
• Safety and protection — intervening in situations that threaten physical wellbeing

The guardian does not control the protected person's money. If the person receives SSI, has a bank account, or owns property, the guardian has no authority to manage those assets unless separately appointed as conservator.

Conservatorship: Authority Over the Estate

A conservator manages the protected person's financial life:

• Bank accounts and investments — deposits, withdrawals, account management
• Real property — buying, selling, leasing, maintaining property
• Contractual obligations — signing leases, service agreements, insurance contracts
• Tax filings — preparing and filing returns on behalf of the protected person
• Trust management — interacting with trust administrators for special needs trusts
• Surety bond — the court typically requires the conservator to post a bond to protect the estate against mismanagement

The bond requirement is the big distinction. Guardians of the person don't need to post a bond. Conservators usually do. Bond costs vary based on the estate's value, adding an ongoing expense.

When You Need Both

Some situations call for dual appointment:

• Your child has significant assets (inheritance, personal injury settlement, trust distributions) and also needs medical decision-making authority
• Your child owns real property and also can't manage residential safety decisions
• Your child has multiple income streams beyond SSI and also needs someone to authorize medical treatment

The court can appoint the same person as both guardian and conservator, or different people for each role.

When You Need Neither

For a young adult whose income is limited to SSI ($994/month in 2026), consider whether alternatives cover the full picture:

• SSI management: Representative Payee through SSA (no court, no fees)
• Other finances: Durable financial POA under ORS 127.005 (if the person can sign)
• Medical decisions: Oregon Advance Directive under ORS 127.527 (if the person can execute it)
• ABLE account: The POA agent or representative payee can manage contributions

If your child can sign legal documents — understanding the basic nature of what they're authorizing — these tools combined may eliminate the need for any court proceeding.

Filing Considerations

You can petition for guardianship alone, conservatorship alone, or both in a single petition. The $124 filing fee under ORS 21.145 covers the petition regardless of scope. The Court Visitor investigation also evaluates both domains if both are requested.

However, requesting a conservatorship adds complexity:

• The petition must describe the estate in detail — all assets, income sources, and property
• The court will likely require a surety bond
• Annual financial accountings are more detailed than guardian-only annual reports
• The conservator has fiduciary liability for the estate's management

For a young adult with minimal assets, the conservatorship infrastructure is often disproportionate to the actual financial picture. A $124 filing fee plus a surety bond to manage a $994/month SSI payment that a free Representative Payee designation could handle instead.

The Oregon Adult Guardianship & Alternatives Guide includes a financial complexity assessment that helps families determine whether a conservatorship is proportionate to their child's actual estate, or whether simpler tools cover the same ground.

See more Oregon guides →