What is a ward of the state? A ward of the state is a person who, for some reason, has become the direct legal responsibility of the state court.
Children, disabled adults, or older adults can become wards of the state. If you need to petition the court to have someone designated a ward of the state or want to assume guardianship yourself, a Seattle guardianship lawyer can help.
Orphaned Children Can Become Wards of the State
In tragic situations, both of a child’s parents may die, leaving the child orphaned. The court will first investigate to see if there are willing relatives who meet guardianship qualifications. If there are none, child protective services (CPS) will ask the court to designate the child as a ward of the state.
The same can apply if the child’s parents are both incarcerated.
When a child becomes a ward of the state, the state assumes guardianship “in loco parentis,” which translates to “in place of the parents.” The state has the power to make medical and legal decisions for the child and is responsible for ensuring the child’s basic needs are met.
A Child Taken by Child Protective Services
Children removed from their homes by CPS can also become wards of the state. CPS may remove the child based on allegations of abuse or neglect and take them into protective custody. The state then takes temporary responsibility for the child’s well-being. In this situation, the child does not immediately become a ward of the state.
Typically, CPS brings the child’s case before a judge within a few days of the child’s removal. If the judge agrees that the child is in danger in the home situation, the child becomes a temporary ward of the state while the case proceeds through the court system. Should the judge ultimately terminate parental rights, the child becomes a ward of the state.
Substance use and allegations of domestic violence or neglect are among the most common reasons why parents lose child custody. We know that sometimes people make mistakes and that angry partners or exes may seek revenge by making false accusations. If your child has been taken by CPS, reach out to an attorney. Hearing your story and making a plan is what happens at a consultation.
Parental Rights When a Child Is a Ward of the State
Unless the court terminates them, you still have parental rights, even when your child is a ward of the state. The Washington State Department of Children, Youth & Families explains the regulations governing family time and sibling and relative visits. We will fight to uphold your rights as we work to reach a healthy, favorable resolution for you and your family.
What Happens to Children Who Are Wards of the State
Children under the guardianship of the state live in foster homes or in group homes. If the parents did not leave the child an inheritance or financial support, the state takes care of housing, food, education, and other basic costs until the child reaches age 18. If the parents did leave funds, the state creates a trust and uses the money to pay for the child’s care.
A Disabled Adult
An adult with a disability can become a ward of the state if there is no one able to care for them. An accident, illness, or a condition they’ve lived with since birth could make it impossible for the adult to manage their daily needs or finances independently.
Parents often care for their disabled children well into adulthood, but the adult children outlive their parents. Other times, disabled children in foster care age out of that system, but still need state guardianship in their adult lives.
An Older Adult
Older adults may also need care, and there may not be family members able or willing to take on that role. This can happen when the older person has significant health problems. They may be unable to feed, clean, or toilet themselves.
Dementia, Alzheimer’s Disease, and other cognitive impairments can also make it unsafe for older adults to live alone or make decisions about their finances, health, and daily needs. This population is extremely vulnerable to injury and bad actors who scam them out of their life savings.
Petitioning to Make an Adult a Ward of the State
In Washington, any entity or interested person can petition the court to make an older adult a ward of the state. A hospital may recognize the need if an older patient has no one to care for them. Similarly, Adult Protective Services (APS) may petition the court after receiving reports of abuse or neglect from concerned parties.
You may be an older adult and recognize your emerging need for guardianship. Perhaps you have received a debilitating diagnosis and have no family or close friends able to support your developing needs. The Office of Public Guardianship has a Guide to Requesting Public Guardianship. You can work with our firm and get the compassionate, knowledgeable representation you need to protect yourself.
What Happens When an Adult Becomes a Ward of the State
Adult wards of the state have court-appointed guardians. This person makes decisions for or with the adult about healthcare, living arrangements, and managing daily needs. The vulnerable adults may live in adult family homes or assisted living facilities. If their medical or psychiatric needs are substantial, they may live in a nursing home or state psychiatric facility.
The court-appointed guardian also acts as a conservator, managing the adult ward’s finances, bills, taxes, property, and other legal matters. The same person can fulfill the personal and conservatorship roles, but must undergo appointment procedures in separate courts.
We Can Answer Your Questions
The team at Dellino Family Law can explain what a ward of the state is and answer all your other related questions.
Whether you want to reunite with your child, assume guardianship of a child or a vulnerable person, or simply have questions about how the system works, we are here to provide answers.
