Oregon Conservator and Guardian Bond

Oregon Conservator and Guardian Bond

A court-appointed individual may act as a conservator or guardian on behalf of an incapacitated person or minor, more commonly called a protected person. The conservator or guardian, also referred to as the fiduciary, is required by the State of Oregon to obtain a surety bond prior to performing duties in accordance with Oregon Revised Statutes (ORS) Chapter 125. Conservator and Guardian Bonds are types of Probate Bonds that guarantee financial protection to the protected person should the conservator or guardian act fraudulently.

APPLY FOR CONSERVATOR/GUARDIAN BOND

Jet ensures a smooth process obtaining the bond from start to finish, so the conservator and guardian can concentrate on fulfilling their obligations to those in their care.

Cost of Oregon Guardian and Conservator Bonds

Conservator and Guardian Bond limits (or the total bonding amount) are determined by the value of the protected person’s assets. The court will finalize an amount for the conservator or guardian for which they will need to secure a surety bond with a carrier licensed to do business in the state of Oregon, such as Jet Insurance Company. The cost for the bond is just a small percentage of the bond limit.

Those with smaller bond limits will still need to submit the basic information regarding the bond requirement and are often able to be approved for a rate the same day. Conservators or guardians with large bond limits will need to have their credit evaluated to determine their rate, in addition to other personal information such as personal financials. 

What Is the Difference Between a Conservator and Guardian?

Conservators and guardians are both selected to take care of matters involving a person who cannot legally do so themselves. The differences between guardian and conservator roles are as follows:

A guardian makes personal and medical decisions on behalf of a minor or incapacitated in the following ways:

A conservator oversees the finances for an incapacitated person in the following ways:

All duties of Oregon conservators and guardians can be reviewed in this Oregon State Bar Handbook.

How Are Guardians and Conservators Appointed?

Any individual interested in the welfare of an incapacitated person, or minor, may file for conservatorship or guardianship with the court in the county where the protected person resides, as explained in ORS 125.400 and 125.305. Typically, a family member or friend will petition to be a guardian or conservator. In cases where that is not an option, a professional fiduciary may be appointed. Licensed professional fiduciaries are non-family members to the individual needing a conservator or guardian and are hired to act in the best interest of the protected person. Per ORS 125.240, Professional fiduciaries must be a National Certified Guardian or National Master Guardian, understand and abide by ORS Chapter 125, and meet the Oregon GCA Standards of Practice.

A petition that determines the need for guardianship or conservatorship is prepared, typically by an attorney, and signed by the petitioning person. All involved parties will receive notice of the petition for guardianship or conservatorship and have time to file objections. During this time a court visitor will be designated to evaluate the need for a guardian or conservator and report back to the court. If the court schedules a hearing, proof that the protected person is incapacitated must be presented. Whether there is a hearing or not, the court will decide if there is a guardian and/or conservator and what their duties will be.

How Does the Bond Get on File With the Court?

Since these bonds are dealt with on a county basis, the bond filing procedure varies. Some courts allow Jet to file the bond electronically so the process can be done entirely online. Other courts request a physical bond form that is signed by both Jet and the conservator or guardian. Jet produces and sends you the bond form for filing with the circuit court. Unlike other carriers, Jet will not charge you to have the bond form mailed.

How to Avoid a Bond Claim

Fiduciaries have important roles caring for others and can find themselves in difficult situations throughout their role. Acting in the best interest of the protected person and abiding by Oregon Revised Statutes Chapter 125 guarantees the success of a conservatorship or guardianship. Guardians and conservators can work with attorneys to ensure they are completing their duties appropriately. Keeping sufficient documentation throughout the role of conservator or guardian is critical.

Claims against a fiduciary actions can be filed by the court or by any person who finds the fiduciary is not carrying out their responsibilities. Claims brought to the circuit court will be looked into by the judge to determine the validity of the claim and ultimately if there must be reimbursement to the damaged person(s). Should the judgment go against the fiduciary, and they do not take corrective action, a claim may be made upon the bond. 

What Happens If I a Bond Claim Occurs?

Jet will only receive notice from the court of a probate bond claim that has been proved legitimate. This means the court has already thoroughly investigated the claim and asked the bonded person to provide all supporting documentation revolving around the incident(s). Jet can do little to mitigate the claim at this point and will likely need to pay the damaged person(s).

Jet pays out for valid bond claims within 30 days upon receipt of notice from the Oregon circuit court. The conservator or guardian should work closely with Jet to provide any necessary documentation. Surety bonds act as an extension of credit by covering damages, however, unlike insurance, the bond claim must be paid back to the surety company as claims are only paid in cases of fraudulent and negligent activity caused by the conservator or guardian.

Why Is the Mortgage Lender Bond Required in Oregon?

The purpose of the Mortgage Lender Bond is to provide a means of financial protection to the public when losses or damages occur due to the actions of the mortgage lender. Mortgage lenders are responsible for providing future homeowners with a process to find the right loan to purchase their desired home. The lender should make a confusing loan process manageable for the public, but where there is confusion, there is opportunity for swindling, hustling and down right deception. The Oregon DCBS requires the bond as a guarantee to the public for financial damages that can be caused by the lender.

What Is the Purpose of Conservator and Guardian Bonds? 

County courts throughout the State of Oregon require the Conservator and Guardian Bond for the protection of the protected person's assets. Conservator and Guardian duties include making medical and financial decisions for a minor or incapacitated person, which can be difficult and may open the door for an unethical individual to take advantage of the young or disadvantaged. Guardian and Conservator Bonds act as a guarantee of reimbursement to the affected party when the fiduciary does not fulfill their obligations or commits theft against them. The surety bond is a tool relied upon for financial restitution.

How Does the Application Process Work With Jet? 

Jet’s online bond process is quick! Submitting the required information allows you to get your bond quickly following our review. You will be able to select where you want your bond mailed to within the application. Click the button below to get your bond today!

APPLY FOR CONSERVATOR/GUARDIAN BOND

What Is the Renewal Process for Guardian and Conservator Bonds?

Jet makes the renewal process simple by notifying you with ample time to make payment. If payment is not completed by the conservator or guardian Jet will notify the attorney and then the court, respectively. The attorney sometimes may opt to pay renewal fees for the fiduciary which need to be paid back. If there is no attorney, the court is notified and will set a hearing to hold the conservator or guardian accountable for the lack of a surety bond. Non-payment will result in the surety’s request for cancellation with the court and if approved the conservator or guardian will be removed in favor of a new fiduciary.

The Gaurdian Bond is required until the minor reaches 18 years of age or the protected person no longer needs medical care, and the Conservator Bond is needed until the incapacitated person passes away or becomes self-sufficient. The bond obviously will not need to be renewed once either of those moments comes to pass. Otherwise, the guardian and conservator will need the surety bond and will not be free of duties unless the court deems it so.

Oregon County Circuit Courts
County Phone Mailing Address Email
Baker 541-523-6303 1995 3rd St, Suite 200
Baker City, OR 97814
 
Benton 541-243-7844 PO Box 1870
Corvallis, OR 97339-1870
 
Clackamas 503-655-8447
Option 4
807 Main Street, Room 104
Oregon City, OR 97045
Rebecca.M.Vance@ojd.state.or.us 
Clatsop 503-325-8555 PO Box 835
Astoria, OR 97103
 
Columbia 503-397-2327 230 Strand Street
Saint Helens, OR 97051
Columbia.Probate@ojd.state.or.us
Coos 541-447-6541 300 NE 3rd Street, Room 21 Prineville, OR 97754  
Crook 541-247-4511 250 N Baxter Street Coquille, OR 97423  
Curry 541-388-5300
Ext. 2080 or 2070
1100 NW Bond Street
Bend, OR 97703
clerk@co.curry.or.us
Deschutes 541-388-5300
Ext. 2080 or 2070
1100 NW Bond Street
Bend, OR 97703
 
Douglas 541-957-2470
or
541-957-2471
1036 SE Douglas Avenue
Roseburg, OR 97470
 
Gilliam 541-384-3572
or
541-384-3303
PO Box 622
Condon, OR 97823
ellen.wagenaar@co.gilliam.or.us
Grant 541-575-1438 PO Box 159
Canyon City, OR 97820
Grant.Court.Staff@ojd.state.or.us
Harney 541-573-5207 450 N. Buena Vista #16
Burns, OR 97720
Harney.Court.Staff@ojd.state.or.us
Hood River 541-386-3535 309 State Street
Hood River, OR 97031
 
Jackson 541-776-7171 100 S. Oakdale Avenue
Medford, OR 97501
 
Jefferson 541-475-3317 129 SW E Street, Suite 101
Madras, OR 97741
 
Josephine 541-476-2309
Ext. 4517
500 NW 6th Street
Grants Pass, OR 97526
 
Klamath 541-883-5503 316 Main Street
Klamath Falls, OR 97601
 
Lake 541-947-6051 513 Center Street Lakeview, OR 97630  
Lane 541-682-4255
or
541-682-4033
125 East 8th Avenue
Eugene, OR  97401
 
Lincoln 541-265-4236 PO Box 100
Newport, OR 97365
 
Linn 541-967-3845 PO Box 1749
Albany, OR 97321
 
Malheur 541-473-5171
or
541-473-5151
251 B. Street W, Box 3
Vale, OR 97918
CountyClerk@malheurco.org or gayle.trotter@malheurco.org 
Marion 503-588-5141 P.O. Box 12869
Salem, OR 97309
 
Morrow 541-676-5264 PO Box 609
Heppner, OR 97836
mcclerkrecords@co.morrow.or.us
Multnomah 503-988-3022
Option 4
1021 SW Fourth Avenue
Portland, OR 97204
Mul.ProbateDept@ojd.state.or.us 
Polk 503-623-3154 850 Main Street
Dallas, OR 97338
 
Sherman 541-565-3650
or
541-565-3416
PO Box 402
Moro, OR 97039
 
Tillamook 503-842-2596 201 Laurel Avenue
Tillamook, OR 97141
clerk@co.tillamook.or.us
Umatilla Pendleton: 541-278-0341
Ext. 3231 Hermiston:
541-667-3020
Ext. 3024
216 SE Fourth Street
Pendleton, OR 97801
 
Union 541-962-9500 1105 K Avenue 
La Grande, OR 97850
clerk@union-county.org
Wallowa 541-426-4991 101 S River Street, Room 204
Enterprise, OR 97828
 
Wasco 541-506-2700
or
541-506-2535
PO Box 1400
The Dalles, OR 97058
LisaG@co.wasco.or.us
Washington 503-846-8888
Option #3, 3, 5
150 N 1st Avenue MS37
Hillsboro, OR 97124
 
Wheeler 541-763-2541 PO Box 308
Fossil, OR 97830
wheeler.circuit.court@ojd.state.or.us
Yamhill 503-434-7530 535 NE 5th Street
McMinnville, OR 97128