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Managing
the Guardianship
Guardian of the Person: General Duties and Limits
Adapted with permission from Washington Guardianship
http://www.wa-guardianship.com
a
service of the Law Office of
Richard Wills
Involuntarily Committing the Incapacitated Person
Undertaking Radical Psychiatric/Mental Health Procedures
Sterilizing the Incapacitated Person
Terminating the Incapacitated Person's Life Support System Absent an Advanced Medical Directive
Changing the Incapacitated Person's Residence to Another State
The duties of a Guardian of the Person are to:
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Care for and maintain the Incapacitated Person in the setting least restrictive to his/her freedom and appropriate to the his/her personal care needs,
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Assert the rights and best interests of the Incapacitated Person,
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Provide timely, informed consent for health care of the Incapacitated Person consistent with RCW 7.70.065, and
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If the Incapacitated Person is a minor or where otherwise appropriate, see that he/she receives appropriate training and education and has the opportunity to learn a trade, occupation, or profession. RCW 11.92.043(4 & 5)
While a Guardian of the Person generally has the authority to carry out these duties as he/she sees fit, many potential actions taken by a Guardian of the Person require prior Court approval; for example:
1. Transferring the Guardianship ñ
Only by Court Order may a guardianship may be transferred to any other county within Washington. The procedure for doing so is for:
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Either the Guardian or the Incapacitated Person,
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To petition the Court,
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In the county where either the Guardian or Incapacitated Person resides,
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Send Notice of Hearing to such persons as the Court requires, and
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Attend the hearing and obtain the required Court Order. RCW 11.88.130
2. Involuntarily Committing the Incapacitated Person ñ
Only by Court Order may an Incapacitated Person be involuntarily committed for mental health treatment, observation, or evaluation. The procedure for doing so is provided in RCW 71.05 and 72.23. RCW 11.92.043(5)
3. Undertaking Radical Psychiatric/Mental Health Procedures ñ
Only by Court Order may an Incapacitated Person be subject to:
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Any procedure that induces convulsion;
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Psychosurgery; or
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Any psychiatric or mental health procedure that restricts physical freedom of movement or the rights set forth in RCW 71.05.370.
The procedure for doing so is provided in RCW 11.92.043(5).
4. Undertaking an Extraordinary, Irreversible Medical Procedure Seriously Affecting the Incapacitated Person's Bodily Integrity ñ
See: Guardianship of Ingram, 102 Wn.2d 827 (1984) (laryngectomy).
5. Sterilizing the Incapacitated Person ñ
See: Guardianship of Hayes, 93 Wn.2d 228 (1980).
6. Terminating the Incapacitated Person's Life Support System Absent an Advanced Medical Directive ñ
See: Guardianship of Hamlin, 102 Wn.2d 810 (1984); Guardianship of Grant, 109 Wn.2d 545 (1987); Farnam v. CRISTA Ministries, 116 Wn.2d 659 (1991).
7. Changing the Incapacitated Person's Residence to Another State ñ
Only by Court Order may a Guardian move the Incapacitated Person's residence outside of Washington. Mathieu v. U.S. Fidelity & Guaranty Co., 158 Wash. 396 (1930).
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