|
Tell me what Guardianship
services your office provides
What is a
Guardianship?
A Guardianship is a Court approved arrangement that is useful when a
person cannot manage their own financial or personal affairs. The Court
sees Guardianship as a last resort and favors the use of a Durable Power
of Attorney or other less restrictive alternatives to Guardianship when
appropriate.
What is the
difference between a Guardianship and a Conservatorship?
Washington State does not have
Conservatorships. A Conservator appointed in another state often has
similar powers in that state to a Guardian in Washington State.
What is the
difference between a Guardian of the Person and a Guardian of the Estate?
A Guardian of the Person is responsible for decisions relating to an
incapacitated person's health care and other personal matters. A Guardian
of the Estate is responsible for decisions relating to managing an
incapacitated person's financial affairs, such as paying their bills.
Often, the Guardian of the Person and the Guardian of the Estate are the
same person, but they can be different people.
What type of
person needs a Guardian?
Guardianships are for people who are incapacitated and unable to take
care of their personal and/or financial affairs. Guardianships are also
for children under the age of 18 years.
Just because your grandmother sometimes forgets where she left her
keys doesn't mean she needs a Guardian. Guardianship is a last resort;
other, less restrictive methods should be considered first.
Why can't
someone with dementia sign a Power of Attorney instead of getting a
Guardian?
In order to give your Power of Attorney to someone, you must be
competent. If someone is already affected by mental illness, dementia, or
some other disorder that affects their mental capacity, they may not be
competent to sign a Power of Attorney. In these cases, Guardianships are
the only alternative unless the person signed a valid Power of Attorney
before they became incapacitated.
What if someone
needs a Guardian but doesn't want one?
The person who might need a Guardian has the right to object to having a
Guardian if they do not want one. They also have the right to an
independent attorney of their choice and an independent doctor's
examination if they want. They can ask for a trial to be held to
determine if they really need a Guardian. The Court considers all the
evidence on both sides before appointing a Guardian.
Can I become a
Guardian?
Any interested person can ask the Court to establish a Guardianship for
another person who they think is incapacitated. The requirements for
serving as a Guardian are established by Washington State statute. The
Court may appoint any person meeting those requirements to serve the
needs of the incapacitated person.
What is a
Guardian ad Litem and what do they do?
When someone asks the Court to appoint a Guardian for an incapacitated
person, the Court will appoint a Guardian ad Litem to investigate the
situation. The Guardian ad Litem is required to meet with the alleged
incapacitated person ("AIP"), talk
with the person who filed the papers with the Court, obtain a medical
report for the AIP, and then
report back to the Court within 45 days with a recommendation. The
recommendation will say (1) whether the person is incapacitated and needs
a Guardian, and (2) if they do need a Guardian, who should be the
Guardian.
Is a
Professional Guardianship service required?
No. Although there are many good Professional Guardianship services
available, any eligible person may ask the Court to be appointed as
Guardian. Professional Guardianship services have expertise and can
provide a great benefit to the incapacitated person. Being a Guardian can
sometimes be a full-time job, and in some cases a Professional Guardian
is best.
How long will
it take to get a Guardian?
The initial Guardianship process usually takes about 60 days.
How much will
it cost to start a Guardianship?
Starting a Guardianship is an involved process and because each case is
different, there is no set fee. Though the Guardianship process costs
money, establishing a Guardianship preserves the incapacitated person's
money.
|
