Appointment Of Guardian Ad Litem - In The Matter Of

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Appointment Of Guardian Ad Litem - In The Matter Of is a commonly used form within Oregon. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Appointment Of Guardian Ad Litem - In The Matter Of

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Appointment Of Guardian Ad Litem - In The Matter Of:

• This form pertains to the State of Oregon

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Oregon’s Form Appointment Of Guardian Ad Litem - In The Matter Of up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Oregon form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Oregon probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Appointment Of Guardian Ad Litem - In The Matter Of, take a break, and then review. Probate and estate settlement processes in OR are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Appointment Of Guardian Ad Litem - In The Matter Of online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Appointment Of Guardian Ad Litem - In The Matter Of to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Oregon.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Oregon can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Oregon. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Oregon is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Oregon probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Oregon probate clerk or court for exact answers regarding Form Appointment Of Guardian Ad Litem - In The Matter Of, and when in doubt— consult a qualified trust & estates lawyer for that area.

Appointment Of Guardian Ad Litem - In The Matter Of is one of the many probate court forms available for download through Atticus.

It may also be available through some Oregon probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Oregon.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Appointment Of Guardian Ad Litem - In The Matter Of f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Oregon probate court office.

Appointment Of Guardian Ad Litem - In The Matter Of is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Oregon-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Oregon Form Appointment Of Guardian Ad Litem - In The Matter Of. You can use this to get an idea of the context of the form and what type of information is needed.

Instructions - GAL Page 1 of 4 (Feb 2019) APPLYING FOR A GUARDIAN AD LITEM A Guardian ad Litem (GAL) is a type of temporary, limited guardian who is appointed by the court to protect a party’s best interests in a court case. A GAL can appear for, assist, and act on behalf of a party only in that specific court case. Information about GALs A GAL is not the party’s lawyer, even if the person serving as GAL happens to be a lawyer. A GAL’s role is to protect the party’s best interests, not necessarily to advance the party’s wishes. A GAL has authority only to take actions directly related to the case. In some cases, a GAL can agree to a settlement, sign contracts or other documents in the case, receive and distribute funds related to the case, and receive service of documents on behalf of the person. If you have questions about authority in your case, contact a lawyer. Court staff cannot give legal advice. The court must appoint a GAL under certain circumstances regardless of whether anyone requests a GAL. A court may appoint a GAL if the court decides that a party is “incapacitated 1 or financially incapable 2 ” or “a person with a disability 3 ” as the law defines those terms. 1 ORS 125.005(5) - “Incapacitated” means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person’s physical health or safety. “Meeting the essential requirements for physical health and safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur. 2 ORS 125.005(3) - “Financially incapable” means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. “Manage financial resources” means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income. 3 ORS 124.005 (through ORS 410.040 and 410.715) – “person with a disability” means ...a person with a physical or mental impairment that substantially limits one or more major life activities” or “...any person experiencing an injury defined as an injury to the brain caused by extrinsic forces where the injury results in the loss of cognitive, psychological, social, behavioral or physiological function for a sufficient time to affect that person’s ability to perform activities of daily living...” Important Contact Information Oregon Judicial Department – www.courts.oregon.gov Oregon State Bar Lawyer Referral Service - www.oregonstatebar.org Phone: 503.684.3763 or toll-free in Oregon at 800.452.7636 If you are deployed or about to be deployed, contact the Oregon State Bar Military Assistance Panel (www.osbar.org/_docs/ris/militaryflier.pdf) for information about special rights and rules that may apply to you. Instructions - GAL Page 2 of 4 (Feb 2019) Minors (under 18) must be represented by a GAL in any case in which they are a party and do not already have a legally appointed guardian 4 . Minors who are age 14 or older may apply for appointment of a GAL if the minor is a plaintiff or petitioner. Note that parents under age 18 are not considered ‘minors’ by the court for purposes of family cases involving their children. Minors who are defendants or respondents can apply for a GAL if they are 14 or older. If no application is filed by the minor, any party, interested person, relative, or friend can apply. STEP 1: FILLING OUT AND FILING FORMS Filling Out The Forms  Fill out the Motion to Appoint Guardian ad Litem and Declaration in Support and the Order Appointing Guardian ad Litem o The case caption (party names and case number) must be the same as the caption in the main case o Use the form that has the same caption style as the case, either:  In the Matter of or  Petitioner/Plaintiff v. Respondent/Defendant Reviewing documents You may have a lawyer review your documents before you file. For information about how to find a lawyer, call the Oregon State Bar at the number on Page 1. If you are low-income, you may get your documents reviewed for a smaller fee through the Oregon State Bar’s Modest Means program, or call your local Legal Aid office. Some courts may have a facilitator who can review your forms. Call your court or go to www.courts.oregon.gov to see if your court has a facilitator available for your case type. Court facilitators are free. Making copies Make one copy of all of the completed forms for your records. See Step 2 for additional copies you will need. File your forms File your forms with the court where the case was filed. Filing is free. 4 Sexual Abuse Prevention Order cases may not require a GAL. Instructions - GAL Page 3 of 4 (Feb 2019) STEP 2: NOTICE No later than 7 days after you file, you must provide notice to other parties WAIVER: If you have good cause to waive (cancel) or modify (change) the notice requirements, you can file a Motion to Waive or Modify Notice re: Guardian Ad Litem and Order on Motion to Waive or Modify Notice re: Guardian ad Litem forms. Send the Notice of Motion Seeking Appointment of Guardian ad Litem and an exact copy of the Motion and Declaration by first class mail as below. If the court waived or modified the notice requirements, follow the court order. If the person needing a GAL is a minor, send notice to all of the following:  the minor (if 14 years old or older)  the parents of the minor  all persons having custody of the minor  the person who has principal responsibility for the care and custody of the minor during the 60 day period before filing the Motion to Appoint Guardian ad Litem o This may include the Department of Human Services (DHS) if DHS has legal custody of the minor  if the minor has no living parents, to the person nominated to act as fiduciary for the minor in a will or other instrument prepared by the minor’s parent If the person needing a GAL is not a minor, send notice to all of the following:  the person to be protected  the person’s spouse, parents, and adult children  all persons most closely related to the person  anyone cohabiting with the person who is interested in the person’s affairs or welfare  any person nominated or appointed as fiduciary for the person by any court; any trustee for a trust established by or for the person; any person appointed as a health care representative under ORS 127.505 to 127.660; and any person acting under a power of attorney  if the person is receiving moneys paid or payable by the United States through the Department of Veterans Affairs, to the Veterans Affairs regional office with responsibility for the payments to the person  if the person is receiving moneys paid or payable for public assistance provided under ORS chapter 411 by the State of Oregon through the Department of Human Services, to a representative of the department  if the person is receiving moneys paid or payable for medical assistance provided under ORS chapter 414 by the State of Oregon through the Oregon Health Authority, to a representative of the authority  if the person is in the custody of the Department of Corrections, to the Attorney General and the superintendent or other officer in charge of the facility where the person is confined  if the person is a foreign national, to the consulate for the person's country  any other person that the court requires Instructions - GAL Page 4 of 4 (Feb 2019) CERTIFICATE OF MAILING Keep a copy of each Notice you send and complete the Certificate of Mailing at the bottom after you mail it. File the completed copies with the court. HEARING If any objections to the appointment are filed, the court will hold a hearing. You will receive notice of the hearing date, time, and location. Make sure the court always has current contact information for you. ADA ACCOMMODATION If you need an ADA accommodation, complete the appropriate form (available at www.courts.oregon.gov/forms ) and submit it to the court at least 4 days before your hearing Motion & Declaration to Appoint Guardian ad Litem Page 1 of 3 (Aug 2019) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF In the Matter of: Case No: ______________________ MOTION TO APPOINT GUARDIAN AD LITEM and a minor child DECLARATION IN SUPPORT Applicant Name (First, Middle, Last): Person needing Guardian ad Litem (First, Middle, Last): Applicant is the: minor child (age 14 or older) proposed Guardian ad Litem other (name and relationship to the person to be protected): Motion FOR APPLICATIONS RE: A MINOR CHILD: I am 14 years old or older. I am asking that an adult be appointed as a GAL. or I ask the court to appoint a GAL to represent a minor party in this case FOR APPLICATIONS RE: ADULT PARTIES: I ask the court to appoint a GAL for the person named above FOR ALL APPLICATIONS:  I am willing to serve as GAL in this case  I propose the following person as GAL Name (first, middle last): Relationship: Motion & Declaration to Appoint Guardian ad Litem Page 2 of 3 (Aug 2019) Statement of Points and Authorities Oregon Rules of Civil Procedure, Rule 27 requires that any minor party or any party who is incapacitated or financially incapable appear by Guardian ad Litem if the party does not already have a court-appointed guardian or conservator. Appointment is to be made upon request of the minor party if the minor is 14 years old or older, or by request of another interested person if the minor is under 14 or is a defendant/respondent and does not apply within the time allowed. Appointment on behalf of an adult party must be made by a friend, relative, or interested person. Declaration FOR APPLICATIONS RE: A MINOR CHILD: I am the minor party. I am __________ years old.  I do not have a legally appointed guardian or conservator or I am not the minor child, nor the guardian or conservator for the minor child  I am the child’s parent  other (explain your relationship to the minor child): FOR APPLICATIONS RE: ADULT PARTIES: The person needing a GAL: (check all that apply) does not already have a legally appointed guardian or conservator is incapacitated or financially incapable as defined by ORS 125.005 (explain below) is a person with a disability as defined by ORS 124.005 (explain below) Explain:___________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ I believe the proposed GAL is suitable because: Motion & Declaration to Appoint Guardian ad Litem Page 3 of 3 (Aug 2019) I hereby declare that the above statements are true to the best of my knowledge and belief, and that I understand they are made for use as evidence in court and I am subject to penalty for perjury. Date Signature of Applicant Name (printed) Contact Address City, State, ZIP Contact Phone Notice of Motion to Appoint Guardian ad Litem Page 1 of 1 (Feb 2019) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF To: Date: Re (case name): Case #: Person needing a Guardian ad Litem (name): NOTICE OF MOTION SEEKING APPOINTMENT OF GUARDIAN AD LITEM A motion has been filed to appoint a Guardian ad Litem (GAL) in this case. The motion was filed by (name, address, and phone number of applicant): Applicant’s relationship to the person needing a GAL: self parent other: Objections to the appointment of a Guardian ad Litem may be filed with the court no later than 14 days from the date of this Notice The person needing a GAL can object to the appointment by notifying the clerk of the court in writing of the objection See the attached Motion to Appoint Guardian ad Litem and Declaration in Support for more information Certificate of Mailing I certify that on (date): I sent a true and complete copy of this Notice and the Motion to Appoint Guardian ad Litem and Declaration in Support by first class mail to the person named above at the address above. Date Signature Name (printed) Order re: Guardian ad Litem Page 1 of 2 (Aug 2019) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF In the Matter of: Case No: ______________________ ORDER RE: GUARDIAN AD LITEM a minor child A Motion to Appoint Guardian ad Litem was filed by: a minor child 14 years old or older the proposed Guardian ad Litem (GAL) other: The court finds: The minor child is: 14 years old or older and requested appointment of the proposed GAL under 14 years of age or is a defendant or respondent in this case and did not request appointment of a GAL The adult needing a GAL: is incapacitated or financially incapable as defined in ORS 125.005 has a disability as defined in ORS 124.005 and the appointment will assist the person in prosecuting or defending this action Suitability The proposed GAL is is not suitable Notice Notice of the Motion was provided as required or Notice of the Motion is waived Other findings: The court orders: No GAL is appointed at this time (Name of GAL): is appointed Guardian ad Litem for (party name) in this case Order re: Guardian ad Litem Page 2 of 2 (Aug 2019) Other orders: Judge Signature: Certificate of Readiness This proposed order is ready for judicial signature because (check all that apply): Service is not required under UTCR 5.100 because this judgment is submitted ex parte as allowed by statute or rule; or in open court with all parties present I have served a copy of this order and written notice of the 7-day objection period set out in UTCR 5.100 on all parties entitled to service (complete service information below) And: No objection has been served on me within that time frame I received objections that I could not resolve with the other party despite reasonable efforts to do so. I have filed with the court a copy of the objections I received and indicated which objections remain unresolved. After conferring about objections, the other party agreed to file any remaining objection with the court Certificate of Service under UTCR 5.100 I certify that on (date): I placed a true and complete copy of this proposed Order in the United States mail to (name) at (address) Submitted by Applicant Signature Print Name Date Signature of Applicant Name (printed) Contact Address City, State, ZIP Contact Phone