The Multnomah County Public Guardian and Conservator program (MCPGC) obtains and implements court-appointed guardianship and/or conservatorship for adults that reside in Multnomah County who are:
- profoundly mentally incapacitated,
- unable to care for themselves, and
- currently at high risk due to abuse, exploitation or extreme self-neglect.
What is guardianship? What do guardians do?
A person under guardianship is adjudicated as "mentally incapacitated" and considered a "protected person" under Oregon state law. Guardians are appointed by a judge in the Multnomah County Circuit Court via the Probate Department and practice according to the rules outlined in Oregon Revised Statute 125. Guardians help individuals make decisions about where to live, medical and psychiatric care, end-of-life planning and financial management, helping to preserve income and benefits and ensure these are appropriately applied toward care and other needs.
Guardians involve the person as much as possible in the decision-making process and strive to select services and interventions that impose the least degree of restriction on freedom and autonomy. The person's safety and protection are the guardian's foremost responsibility, however, there is much focus on advocacy for the protected person's goals, preferences and quality of life.
What is conservatorship? What do conservators do?
A conservator is appointed by a judge to manage the financial affairs of a protected person. This person has been adjudicated as "financially incapable." Distinct from guardianship, conservatorship is a more intense form of financial management and protection and as such requires a higher level of financial need. For example, the protected person's money or estate must be exceed a certain value or contain real property or some other complex asset that requires a legal conservator to manage. A conservator is authorized to perform many acts independently but required to seek prior court approval for others. A conservator does not have authority to make health care, placement or end-of-life decisions and in situations where both are needed, the court may appoint both a guardian and a conservator.
What is the difference between private and public guardians or conservators?
A private guardian or conservator is a non-public organization, company, or individual who has been appointed by the court. This might include attorneys or professional fiduciaries who are professionally certified and trained or family or friends who are eligible and capable of service. To find a private professional guardian or conservator, please visit the Guardian/Conservator Association of Oregon's website at https://www.gcaoregon.org/practitioners.
A public guardian or conservator is a program funded or operated by a public agency that serves a particular population, generally people who have limited income and resources. In most states (including Oregon) a public guardian or conservator may be appointed only if there is no one else willing or able to serve and all lesser-restrictive alternatives have been exhausted. These alternatives include health care instruments such as advanced directives or Physicians Orders for Life-Sustaining Treatment (POLST), financial instruments such as or power of attorney or representative payee services, or appointment of a private guardian/conservator.
Currently in Oregon, two public programs exist that provide guardianship and conservatorship services. The Oregon Public Guardian program (OPG), operated by the State of Oregon through the Office of the Long Term Care Ombudsman and funded by state legislative mandate, provides services for individuals throughout the entire state. The Multnomah County Public Guardian program serves adults who have established residence in Multnomah County.
About the MCPGC
The MCPGC is a county government program funded through county general fund dollars. The staff consists of the Multnomah County Public Guardian & Conservator (the program manager) who oversees the program, a Senior Deputy (program supervisor) who handles referrals and intake, five Deputy Public Guardians who provide direct services to clients, and several support staff who provide administrative services and case support. The MCPGC office is open during standard business hours (8:00 AM - 5:00 PM M-F) and critical decision-making staff are available 24/7 for emergent client needs. These decision-making staff (manager, supervisor, Deputies) are nationally certified through the Center for Guardianship Certification (CGC) and follow the National Guardianship Association (NGA)'s model for practice standards and ethical principles. Additionally, the program operates in accordance with applicable Oregon laws and statutes (primarily but not exclusively ORS 125), as well as Multnomah County and agency rules, policies, and procedures.
Consultation and Referral
If you have questions about the MCPGC, the guardian/conservatorship process, or have a situation in which you think an individual may qualify for public guardian/conservatorship, please call our main office at (503) 988-4567 or email us at mcpgc@multco.us during business hours and ask for a consultation. If not immediately available, someone from our office will contact you within 24 hours.
If after consultation, you need to make a referral, please fill out one of the forms below. Submission instructions are included with the form.