A guardian is an individual or organization appointed by the court to exercise powers, as authorized or limited, primarily to manage the medical and health care decisions of a protected person.  A guardian also promotes and advocates for other wellbeing aspects of the protected person such as emotional, psychological, and spiritual needs.  The law requires the guardian to give the protected person as much independence as his or her condition will allow, and to consider his/her wishes and choices in decision-making.

A conservator is an individual or organization appointed by the court to exercise powers, as authorized or limited, over the protected person’s estate and financial affairs.  This can include: income, savings, brokerage and retirement accounts, real property, personal property, business interests, rental property, and other types of investments.

A conservator is required to post a surety bond with the court for the value of the estate being administered to protect the client from financial loss or abuse.  The conservator files annual accountings with the court and interested parties to report all financial activities.

A conservator does not make healthcare decisions but may work with health care decision makers in maintaining housing, care and other medical services.

A trustee is an individual or organization appointed to administer a trust.  This is typically a selection made by the trustor or grantor (the person or entity funding the trust) but in some situations may require court involvement.

There are many types of trusts depending on the needs of the trustor or beneficiary.  It is important to work with an attorney who specializes in trust law.

A Health Care Representative is the person appointed in an Advance Directive to make health care decisions if you are unable to make them yourself. Your health care representative can only make your healthcare decisions if you become incapable of making them yourself. The Advance Directive requires signed acceptance by the Health Care Representative.

A care manager is a person or organization hired to implement, organize, and manage health care and related supports on behalf of someone who is unable to do so independently.  Some care managers specialize in particular populations, e.g., geriatric care managers for the elder population.

A representative payee is a person or an organization who is appointed by the Social Security Administration to receive the Social Security or SSI benefits for a beneficiary who cannot self-manage benefits.  A rep payee’s main duties are to use the benefits to pay for the current and future needs of the beneficiary, and properly save any benefits not needed to meet current needs. A payee must also keep records of expenses. When the SSA requests a report, a payee must provide an accounting of how funds were used or saved.

A VA fiduciary is a person or entity appointed by the Department of Veterans Affairs (VA) to manage the financial affairs of a beneficiary who is unable to do so themselves. They are responsible for managing the beneficiary‘s VA income and ensuring the beneficiary‘s just debts are paid.

A personal representative is a person or organization appointed to administer a deceased person’s estate as specified in a will. A will generally names a personal representative who, if willing to serve and is qualified, must be approved by the court.  Letters Testamentary will then be issued by the court, enabling the personal representative to proceed with estate administration.

If a person dies without a will, the court will select the personal representative, usually the spouse, an adult child or another close relative. If none of those people are available or willing to be the personal representative, the court may choose a professional fiduciary or other qualified entity, and Letters of Administration will be issued.

An attorney is a practitioner in a court of law who is legally qualified to provide a wide range of legal services.  Attorneys, like professional fiduciaries, offer different types of services in a variety of legal disciplines and it is advisable to work with an attorney whose expertise is in your area of need, such as elder law and probate.  

In the case of a guardianship and/or conservatorship, your attorney will assist you with understanding your responsibilities, filing of court documents, and other required tasks.  There are many qualified attorneys who can be found by searching the Oregon State Bar’s “Lawyer Referral Service.” In addition, some attorneys are GCA members and you can find them in our directory of practitioners.