What is a guardianship hearing?

A guardianship hearing is a type of legal hearing that takes place in Oregon when a person petitions the court to be appointed as a guardian of a minor child or incapacitated adult. A guardianship hearing is a formal court proceeding where the petitioner must appear before a judge to explain why guardianship is necessary. The court will evaluate the petitioner’s qualifications, assess the child or incapacitated adult’s needs, and then make a decision on the petition. At the hearing, the petitioner and other involved parties will present evidence to support their case and the judge will consider the evidence presented. The court will also ensure that the best interests of the minor or incapacitated adult, such as preserving family relationships and protecting their safety, are being met. The court may also ask questions of the petitioner, such as explaining why guardianship is necessary and outlining a plan of care for the individual in question. Once the court has evaluated the evidence and made a decision, guardianship will either be granted or denied. If guardianship is granted, the petitioner or petitioner(s) will assume legal responsibility for the care and welfare of the child or incapacitated adult, including financial matters, medical decisions, and more. Guardianships typically last until the minor turns 18 or until the incapacitated adult is once again found to be competent to manage their own affairs.

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