Designation of Guardian for Minor Child - Oregon

DESIGNATION OF GUARDIAN FOR MINOR CHILD

STATE OF OREGON

Pursuant to ORS Chapter 125 and ORS Chapter 419B

ARTICLE I — DECLARANT INFORMATION

I, the undersigned Declarant, make this Designation of Guardian ("Designation") to express my preference concerning any future court appointment of a guardian for my minor child(ren). Under ORS 125.200, a parent's expressed preference is one factor the court considers when selecting the most suitable willing fiduciary. This document does not itself appoint a guardian or displace the required petition, notice, findings, qualification, suitability, and court-order process.

Status of Other Parent:

Oregon Law Note: ORS Chapter 125 governs protective proceedings for a minor who is in need of a guardian. ORS 125.200 requires the court to appoint the most suitable willing fiduciary after considering the case-specific circumstances, including any parental preference. ORS Chapter 419B uses separate guardianship routes in juvenile dependency proceedings. Counsel should select the applicable court process; this preference is not a self-executing appointment.

ARTICLE II — MINOR CHILDREN INFORMATION

I hereby designate a guardian for the following minor child(ren) for whom I have legal custody or parental authority:

Oregon Law Note: Under ORS 125.305, appointment requires clear and convincing evidence that the respondent is a minor in need of a guardian, the appointment is necessary for continuing care and supervision, and the nominee is qualified, suitable, and willing to serve.

ARTICLE III — DESIGNATION OF PRIMARY GUARDIAN

Section 3.1 — Primary Guardian

I hereby nominate and designate the following individual to serve as Guardian of the Person of my minor child(ren) named above, in the event of my death, incapacity, or inability to care for said child(ren):

Type of Guardianship Designated:

☐ Guardian of the Person only
☐ Conservator of the Estate only (under ORS § 125.400 et seq.)
☐ Guardian of the Person and Conservator of the Estate

Oregon Law Note: Oregon distinguishes between a "guardian" (responsible for the person) and a "conservator" (responsible for the estate/financial affairs). Under ORS § 125.305, a guardian must be qualified and suitable. Under ORS § 125.215, the fiduciary must accept appointment before appointment becomes effective, and personal jurisdiction attaches at that time.

Section 3.2 — First Alternate Guardian

If the Primary Guardian named above is unable or unwilling to serve, has predeceased me, or fails to accept the appointment, I designate the following individual as First Alternate Guardian:

Section 3.3 — Second Alternate Guardian

If neither the Primary Guardian nor the First Alternate Guardian is able or willing to serve, I designate the following individual as Second Alternate Guardian:

ARTICLE IV — POWERS GRANTED TO GUARDIAN

Section 4.1 — Powers of Guardian of the Person

Pursuant to ORS § 125.315, the Guardian of the Person shall have the following powers and duties:

☐ The power to take custody of the minor child(ren) and establish the child(ren)'s place of residence
☐ The duty to provide for the care, comfort, and maintenance of the minor child(ren)
☐ The duty to take reasonable care of the minor child(ren)'s personal effects
☐ The authority to give consent for medical, dental, and health-related treatment for the minor child(ren)
☐ The authority to make decisions regarding the minor child(ren)'s education, training, and vocational activities
☐ The authority to consent to the minor child(ren)'s marriage
☐ The authority to apply for government benefits on behalf of the minor child(ren)
☐ The right to reasonable compensation for services rendered as guardian, subject to court approval under ORS § 125.098

Section 4.2 — Powers of Conservator (if designated)

☐ The authority to manage the minor child(ren)'s financial assets, investments, and property
☐ The authority to collect, hold, and retain assets of the minor child(ren)'s estate
☐ The duty to file an inventory of the minor's estate with the court
☐ The duty to file periodic accountings with the court as required by ORS § 125.475
☐ The duty to obtain court approval for major transactions as required by law

ARTICLE V — SPECIFIC INSTRUCTIONS FOR CARE OF MINOR CHILD(REN)

Section 5.1 — Education

☐ The child(ren) shall continue attending their current school(s) to the extent practicable
☐ The child(ren) shall attend the following school(s): [________________________________]
☐ The child(ren) shall attend a ☐ public ☐ private ☐ religious ☐ charter school
☐ The child(ren) shall be homeschooled in accordance with ORS § 339.035
☐ Special education services or IEP accommodations: [________________________________]
☐ Oregon 529 College Savings Plan information: [________________________________]
☐ Other educational instructions: [________________________________]

Section 5.2 — Religious and Cultural Upbringing

☐ The child(ren) shall be raised in the following faith tradition: [________________________________]
☐ The child(ren) shall attend religious services at: [________________________________]
☐ The child(ren) shall participate in the following cultural traditions: [________________________________]
☐ The child(ren) shall maintain connections with the following tribal community (if applicable): [________________________________]
☐ No specific religious or cultural instructions

Section 5.3 — Medical Care

☐ The child(ren) shall continue care with their current healthcare providers: [________________________________]
☐ The child(ren) have the following known allergies: [________________________________]
☐ The child(ren) currently take the following medications: [________________________________]
☐ The child(ren) have the following medical conditions requiring ongoing care: [________________________________]
☐ Health insurance information (including Oregon Health Plan if applicable): [________________________________]
☐ Immunization preferences: [________________________________]
☐ Mental health care instructions: [________________________________]
☐ Other medical instructions: [________________________________]

Section 5.4 — Financial Provisions

☐ Life insurance policy proceeds are designated for the care of the minor child(ren). Policy No.: [________________________________]
☐ Trust funds have been established for the child(ren). Trust Name: [________________________________]
☐ The following assets are designated for child support: [________________________________]
☐ Monthly budget guidance for child care: $[________________________________]

Section 5.5 — Contact with Family Members

☐ The child(ren) shall maintain regular contact with the following family members: [________________________________]
☐ The child(ren) shall NOT have contact with the following individuals: [________________________________]
☐ Visitation schedule with non-custodial parent (if applicable): [________________________________]

Section 5.6 — Extracurricular Activities and Lifestyle

☐ The child(ren) shall continue the following activities: [________________________________]
☐ Dietary restrictions or preferences: [________________________________]
☐ Pet care instructions: [________________________________]
☐ Other specific instructions: [________________________________]

ARTICLE VI — CONDITIONS AND LIMITATIONS

Section 6.1 — Conditions on Guardianship

☐ This Designation applies to all minor child(ren) listed in Article II
☐ This Designation applies only to the following child(ren): [________________________________]
☐ The Guardian shall not relocate the child(ren) outside the State of Oregon without court approval
☐ The Guardian shall not relocate the child(ren) outside of [________________________________] County without court approval
☐ Other conditions: [________________________________]

Section 6.2 — Guardianship Type Preference

☐ I prefer guardianship under ORS Chapter 125 (Protective Proceedings — general guardianship)
☐ I prefer guardianship under ORS Chapter 419B (Juvenile Code — if the minor is in a dependency proceeding)

Oregon Law Note: Durable guardianship under ORS § 419B.366 is the most common type of guardianship established through juvenile court. Permanent guardianship under ORS § 419B.365 requires the same grounds as termination of parental rights and is less common.

Section 6.3 — Persons Disqualified from Serving as Guardian

I expressly request that the following individual(s) NOT be appointed as guardian of my minor child(ren):

ARTICLE VII — EFFECTIVE DATE AND DURATION

Section 7.1 — Triggering Events

This Designation shall become effective upon the occurrence of any of the following events (check all that apply):

☐ My death
☐ A judicial determination that I am incapacitated under Oregon law
☐ A determination by a licensed physician that I am no longer able to care for my child(ren)
☐ My physical absence or unavailability for a period exceeding [____] days
☐ Other triggering event: [________________________________]

Section 7.2 — Duration

This Designation shall remain in effect until:

☐ The minor child(ren) reach the age of majority (eighteen years of age under Oregon law)
☐ A court of competent jurisdiction enters an order modifying or terminating this Designation
☐ I revoke this Designation in writing
☐ The Guardian resigns or is removed by court order

ARTICLE VIII — REVOCATION OF PRIOR DESIGNATIONS

I hereby revoke all prior designations of guardian for the minor child(ren) named in this instrument, whether made by will, written declaration, or other instrument. This Designation supersedes any and all prior guardianship designations executed by me.

ARTICLE IX — ACCEPTANCE BY DESIGNATED GUARDIAN

Primary Guardian Acceptance:

I, [________________________________], hereby acknowledge that I have read this Designation of Guardian, understand the responsibilities described herein, and accept the appointment as Guardian of the minor child(ren) named above, subject to court confirmation as required by Oregon law. I understand that under ORS § 125.215, my acceptance of appointment confers personal jurisdiction over me.

Signature: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

First Alternate Guardian Acceptance:

I, [________________________________], hereby acknowledge that I have read this Designation of Guardian, understand the responsibilities described herein, and accept the appointment as Alternate Guardian of the minor child(ren) named above, should the Primary Guardian be unable or unwilling to serve.

Signature: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

ARTICLE X — DECLARANT SIGNATURE

I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct, that I am of sound mind, and that I execute this Designation voluntarily and without duress or undue influence.

Signature of Declarant: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

ARTICLE XI — WITNESS ATTESTATION

We, the undersigned witnesses, each being at least eighteen (18) years of age and of sound mind, declare that the Declarant signed this instrument in our presence, or acknowledged to us that the Declarant signed this instrument, and that the Declarant appeared to be of sound mind and not acting under duress.

Witness No. 1:

Witness No. 2:

ARTICLE XII — NOTARY ACKNOWLEDGMENT

STATE OF OREGON
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ARTICLE XIII — FILING AND RECORDING INSTRUCTIONS

Important Oregon Practice Notes:

1. Court Filing: Guardianship petitions in Oregon are filed in the Circuit Court of the county where the minor resides. Under ORS § 125.205, the petition must include specific information, including the reason guardianship is necessary and the name of the proposed guardian.

2. Acceptance of Appointment: Under ORS § 125.215, a fiduciary must accept appointment before the appointment becomes effective. Personal jurisdiction over the fiduciary attaches at the time of acceptance.

3. Two-Track System: Oregon has two guardianship tracks for minors:
   - ORS Chapter 125 — General protective proceedings (used when there is no pending dependency case)
   - ORS Chapter 419B — Juvenile code guardianship (used in dependency proceedings)

4. Guardianship Forms: Oregon Judicial Department provides standard guardianship packets available through Circuit Court websites. See the Multnomah County Minor Guardianship Packet for reference forms.

5. Court Visitor: Under ORS § 125.150, the court may appoint a court visitor to investigate and report on the circumstances of a proposed guardianship.

6. Distribution of Copies: Provide copies to:
   - The designated Primary Guardian and Alternate Guardian(s)
   - Your estate planning attorney
   - The Clerk of the Circuit Court in your county of residence
   - Any person having care of the minor child(ren)

7. Indian Child Welfare Act (ICWA): If the minor child is a member of or eligible for membership in a federally recognized tribe, ICWA (25 U.S.C. § 1901 et seq.) and the Oregon Indian Child Welfare Act (ORS § 419B.600 et seq.) may impose additional requirements.

8. Review and Update: This Designation should be reviewed and updated periodically, and especially after significant life changes.

SOURCES AND REFERENCES

• Oregon Revised Statutes Chapter 125 — Protective Proceedings: https://www.oregonlegislature.gov/bills_laws/ors/ors125.html
• Oregon Revised Statutes Chapter 419B — Juvenile Code: https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html
• Oregon Judicial Department — Guardianship Forms: https://www.courts.oregon.gov/forms/Documents/MUL_Probate_GuardianshipOfAMinorPacket.pdf
• Oregon Protective Proceedings Bench Book (2025): https://www.courts.oregon.gov/programs/family/guardianship-conservatorship/Documents/Protective.Proceedings.BenchBook.pdf

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a licensed Oregon attorney. Laws are subject to change, and the applicability of this template to your specific circumstances should be verified by qualified legal counsel.