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Guardianship in Oregon
A.Authority: ORS 109.056, 125.055
Any person may apply to the court to become a guardian of a minor under ORS 125.055. Under another statute, ORS 109.056, a parent, through a "power of attorney," can delegate their parental powers to another for a period not exceeding six months. This does not need to be a court proceeding, but the power of attorney should be properly drafted and signed before a notary. A person petitioning for a guardianship to the court must give appropriate notice to the child, the child's recent custodians, and the child's birth parents. In addition, the person must show a need for the guardianship, because the child's essential needs for physical health and safety are not being met.
A guardian has the powers and responsibilities of a parent, except that the guardian is not responsible to provide his or her personal funds to support the child. A guardian may petition for appropriate public assistance or child support from one or both of the child's parents.
In determining the amount of alimony, the Oregon court considers the duration of the marriage, the recipient's education, current skills and previous employment experience, the financial needs and resources available for each party, the tax consequences of paying or receiving alimony, and the financial responsibility for children. The court may consider other factors deemed relevant to make a ruling on support that it considers just and equitable.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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