How Do I Name a Guardian for My Minor Children in Oregon?

See how a parent names a guardian for their minor children in Oregon, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Oregon, a parent names a guardian for a minor child in a will or a separate signed writing (ORS 125.060(2)(g), 125.200, 125.305). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (ORS 125.060(2)(g), 125.200, 125.305).

No. In Oregon, a guardian is named in your will or the guardianship petition, not a standalone declaration.

Yes. Oregon allows a Delegation of Powers by Power of Attorney (ORS 109.056): any adult can be authorized for a limited time (up to 6 months) without transferring custody.

In Oregon, the court weighs the preference of a child old enough to form one (ORS 125.060(2)(a), 125.075).

Oregon sets out specific statutory bars to serving as a minor's guardian, and the court can also decline anyone it finds unsuitable. (ORS 125.205)

Oregon Estate Planning Resources

In-depth guides covering Oregon probate laws, trust requirements, and estate planning strategies.