Guardian Admission To A Psychiatric Facility

If a judge decides that a person is incapacitated, a guardian may be appointed for the incapacitated person. The guardian’s powers may include the power to hospitalize the person even if the person does not want to go to the hospital. For guardianships granted after January 1,1996, the guardian must file a statement with the judge if the guardian wants to place the person in a mental health treatment facility, a nursing home or other residential facility. If an objection is made to the placement, the judge must hold a hearing about whether the guardian can make the placement. Of course, a guardian cannot have the person admitted unless the doctor or other mental health professionals agree that admission is appropriate. ORS Chapter 126.

Oregon Advocay Center (OAC) has a pamphlet about guardianship that can be ordered by calling OAC.