Estate Law Questions? Ask an Estate Lawyer.
Thank you for contacting Just Answer. I look forward to assisting you.
While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.
Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.
I need the following information before I can answer your question:
Yes, this is something you can do on your own, and the money can come from your father's estate.
How can I best be of help to you? And thank you for being a return customer.
Please be aware that JustAnswer.com and Eanswer.com are pay-for-answer web companies. You have offered to pay me $30 for my answer and I have accepted.
I'll look forward to hearing from you,
Jane Doe Deer
Well, you asked several questions.
If your father is in dire straits, Adult Protective Services may file for the guardianship for free. You can contact them here: http://www.oregon.gov/DHS/spwpd/abuse/home.shtml
If there are other reasons, you can find a knowledgeable attorney through this organization: http://www.naela.org/ The money for the work will come from your father's estate.
Or, if you decide to do this yourself, your first step is to write up a Petition for Guardianship. Here is Oregon's website of free forms: http://courts.oregon.gov/OJD/selfhelp/index.page
Some courts may sell guardianship packets. I suggest that you call your county clerk's office, ask for the guardianship clerk, and then ask if they're available for purchase from their court or another.
After you figure out what to file in court (bring copies with you), you will need to properly serve your father with the papers. The easiest way to do this is to do use a legal messenger service. You can find them with a search online for Oregon.
The type of court you're looking for is "probate" court. It's not always listed, but it will be under state courts.
If you have any follow-up questions, don't hesitate to write back. There's no extra charge. I want to make sure your question is answered to your complete satisfaction.
If you're ready, please click "accept" so that I can be paid. I won't be paid at all otherwise. We can keep on talking after you accept.
Thanks so much. I am taking a break now.
You're welcome, and thank YOU for accepting. Good luck to you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).