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About
Guardianship
Adapted with permission from Washington Guardianship
http://www.wa-guardianship.com
a
service of the Law Office of
Richard Wills
Overview
In the State of Washington, a Guardian is a person appointed by a Court to manage the affairs of another, either a minor or an adult (called the "incapacitated person" or the "ward"), who the Court has determined to be "legally incapacitated". A person may be legally incapacitated in one or both of two ways:
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As to his/her Person
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As to his/her Estate
According to Washington State law,
someone is legally incapacitated as to his/her Person when he/she "has a
significant risk of personal harm based upon a demonstrated inability to
adequately provide for [his/her] nutrition, health, housing, or physical
safety."
Someone is legally incapacitated as to his/her Estate when he/she "is at
significant risk of financial harm based upon a demonstrated inability to
adequately manage [his/her] property or financial affairs."
If a Guardian is appointed for someone's Person, the Guardian of the Person:
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Assesses the person's physical, mental, and emotional needs and any need for assistance in activities of daily living
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Files with the Court within three months of appointment a care plan that identifies those needs and explains how they will be met
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Implements that plan
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Files a periodic status report of his/her actions, usually annually
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Gives or withholds consent for medical treatment if the need arises, and
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In general makes personal and health care decisions for the incapacitated person.
If a Guardian is appointed for someone's Estate, the Guardian of the Estate:
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Manages the property and financial affairs of the incapacitated person
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Files with the Court within three months of appointment an inventory of the person's assets
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Files a periodic financial accounting of his/her actions, usually annually, and
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In general makes property and financial decisions for the incapacitated person.
A Guardian is not simply free to do whatever he/she thinks best. For example, as regards the incapacitated person's medical treatment:
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If the views and values held by the incapacitated person before the incapacity developed are known, a Guardian is required to make decisions that are consistent with those views and values.
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If the incapacitated person can express a preference about a medical treatment issue, the Guardian is required to consider that preference before making a decision.
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In deciding whether to follow current expressions of preference, a Guardian is required to consider how well the incapacitated person understands his/her medical condition and any treatment options.
Frequently Asked Questions
The following pages contain more detailed information about different aspects of Guardianship and the Guardianship process as it applies in Washington State:
Frequently Asked Questions about Guardians and Guardianship
Alternatives to Guardianship
- Options Available Before a Person Becomes Incapacitated
- Options Available After a Person Becomes Incapacitated or if Incapacitated from Birth
Creating the Guardianship
Managing the Guardianship
- Guardian of the Person
- Guardian of the Estate
Removing and Replacing a Guardian
Terminating a Guardianship
Procedural Matters
- Avoiding having to give notice, avoiding a hearing and giving notice if it's unavoidable (for Guardians)
- Keeping track of a Guardianship - a Request for Special Notice (for Interested Parties)
Washington State Guardianship Forms
Frequently Asked Questions About the Vulnerable Adult Statutes
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