What is guardianship? Guardianship is bestowed by the court to give an individual legal authority to care for or make decisions for another person who cannot care for themselves.
Guardianship may apply to minors or vulnerable adults, and legal guardians are responsible for their well-being. If you are pursuing guardianship, consult an experienced Seattle guardianship lawyer to guide you through the process.
Understanding Guardianship in the State of Washington
A guardian protects and cares for those who cannot care for themselves. To become a legal guardian, an individual must meet certain requirements and petition the court for the legal authority to be a guardian. Guardians must generally attend training and demonstrate that they have the capacity to care for another individual and ensure that they have a good quality of life and have their needs provided for.
Guardians ideally and most generally are family members. However, if one is not available or able, a guardian may be assigned by the court. Washington evaluates these cases carefully to ensure a ward’s best interests are protected. Since wards are generally in a more vulnerable position, a prospective guardian’s background, financial situation, living arrangements, and more are thoroughly assessed.
Guardians may have full authority over their ward or may be appointed to act in a limited capacity. Depending on a ward’s situation and the power granted by the court, a person may be appointed guardian of a person, an estate, or both. Guardians are expected to act within the scope of their legally granted authority and not overstep or abuse their power as a guardian.
Types of Individuals Who May Need a Guardian
A ward is the individual that a guardian takes care of until such time that the guardian is no longer needed. Minors are a common example of a ward. They require care and someone who can make decisions on their behalf, as they are not legally considered to have legal capacity until they turn 18. Once a minor comes of age, their guardian is no longer needed and is relieved of their responsibilities.
Minors may need a guardian if their parents are ill or die suddenly, are abusive, struggle with an addiction, abandon their child, or are unable to provide care for any other reason. In these situations, family members may apply to take on guardianship and provide physical, financial, and emotional care for the child so they are kept safe and have a stable environment.
Vulnerable and elderly adults may also be a ward if they are unable to care for themselves any longer. These individuals may work with a Seattle estate planning lawyer ahead of time to make guardianship decisions in the event they are incapacitated. If plans have not been made for a guardian, then another family member or a certified professional guardian may be appointed to provide elder care.
The Legal Authority and Responsibilities of Guardians in Washington
Individuals who have been appointed as a legal guardian have the authority to make decisions on behalf of their ward. For minors, this can include decisions about their care, their health, their education, and so much more. A guardian must also be able to provide for a minor’s basic needs and well-being. Guardians of minors may be granted permanent or emergency guardianship, depending on the situation.
For guardians of adult individuals, they may have the authority to care for the person and/or their estate. When guardianship involves the estate, an individual may manage and make decisions regarding their ward’s finances, assets, and/or property. Because this can be easily abused, Washington courts carefully assess these cases and are more likely to grant guardianship once other options are exhausted.
The Washington State Courts Guardianship Portal outlines the responsibilities and scope of legal authority for guardians. It also provides various resources for individuals who are prospective or existing guardians. The role of guardian is taken very seriously by the state of Washington, and you are required to follow specific rules when you apply and when you are serving as a guardian of another individual.
How to Pursue Guardianship of a Minor or Elder in Washington
To receive guardianship of a minor or an elder, prospective guardians must fill out the appropriate forms and complete the necessary online training to be considered for minor guardianship. Potential guardians must submit to a background check to ensure there are no red flags, as well as prepare and attend a hearing. They must also provide notice to other parties involved that they are seeking guardianship.
The process for establishing adult guardianship is similar to the process of securing minor guardianship, but requires different training and forms. Since adults may have previously had the autonomy to care for themselves, the focus by the courts in these cases is different and nuanced. In both types of cases, an individual may not become a guardian until the court has approved and validated the request.
If conflict and obstacles arise during the guardianship process, a Seattle mediation lawyer can help facilitate discussion and help parties reach a resolution that keeps the ward’s best interests at the forefront. Some examples of potential disputes may include disagreements over parental rights, the rights and interests of the ward, contests over guardianship, and more. Legal counsel is essential.
Seek Legal Representation
Guardianship is a heavy mantle that involves many facets and complexities. When the well-being of another individual is at stake, you do not want to leave the outcome of your case to chance.
Seek out knowledgeable, experienced, and skilled lawyers who can walk you through each step of the process and help you secure guardianship more easily.
Dellino Family Law Helps You Pursue Guardianship
Dellino Family Law understands the weight of assuming guardianship and ensuring that a ward receives fair and sufficient care.
We help you navigate the legal requirements involved in establishing and preparing for your role as a guardian. While you are an advocate for a vulnerable person, we are an advocate for you. Contact our team to schedule a consultation and learn more about how to proceed.
