Frequently Asked Questions

Frequently Asked Questions 

Guardianship ~ Special Education ~ Social Security and SSI ~ Housing and Related Services

Guardianship

• What is a guardian?

• Are there limits to the guardian's powers?

• Once a guardianship is in place, can it ever be changed or ended?

• Are there better alternatives to guardianship that might sometimes work as well or better?

• Is there a list of private lawyers who could provide representation in court?

• Are free legal services available for someone with very low income who is trying to become a guardian?

• Is it possible to pursue guardianship without attorney representation?

• If a guardian is needed, but no family member or loved on is available to serve, how can a guardianship be established?

• If an adult is being financially exploited, abused or neglected what should be done?

• What are some thoughts to keep in mind when considering whether guardianship might be necessary?

• What are the court's requirements once a guardianship has been established?

• What helpful guidance is available once guardianship has been established?

What is a guardian?

A guardian is an individual or organization appointed by the superior court in the county where one lives, to manage and make personal and/or financial (estate) decisions on that person's behalf.  The person under guardianship legally loses the right to make certain choices on his/her behalf.  The person under guardianship legally loses the right to make certain choices on his/her own.  On the other hand, a guardian is often able to prevent a vulnerable person from being financially exploited, and could make medical treatment choices when the person is unable to understand his/her options.  For more information, please read the related publication about guardianship per The Arc of Washington State.  Also, Disability Rights Washington's information sheet, "Substitute Decision-Making Information & Resources" provides links to the relevant Washington State statutes and regulations, including links to other legal resources statewide.

Are there limits to the guardian's powers?

Yes.  The court may impose limits such as establishing a guardian of the person only, finances or estate only, or may establish a full guardianship.  It may be the best to limit the guardianship to just those areas of life in which the person truly needs a substitute decision maker.  Watch the podcast, "Guardianship Series: Individual Rights".  Also on YouTube.

Once a guardianship is in place, can it ever be changed or ended?

Yes.  Anyone can approach the court in which the guardianship was established to ask the court's clerk to present a written request to a judge.  "How to Modify or Remove a Guardianship" provides more information about this process.

Are there better alternatives to guardianship that might sometimes work as well or better?

Yes.  Options such as payeeships (for Social Security and SSI), joint bank accounts, power of attorney for financial and health concerns, and special needs trusts, may work in some situations.  These options might be preferable because the person retains more rights to make his/her own choices.  Visit Washington Law Help for more information about alternatives.

Is there a list of private lawyers who could provide representation in court?

Yes.  Washington State Bar Association (WSBA) maintains such a list, searchable by area of practice, city, ect.

Are free legal services available for someone with very low income who is trying to become a guardian?

Yes.  Volunteer Legal Services, a program of the Seattle-King County Bar Association (KCBA) is one possibility.  Intake and screening for this program is through Community Information Line by dialing 211.

Is it possible to pursue guardianship without attorney representation?

Yes, King County Superior Court family law facilitators are available to provide you with extensive written instructions how to proceed and all forms may be downloaded.  You may telephone the facilitator to ask for instructions to be mailed or emailed.  You may visit during their walk-in hours to receive instructions in person, or have them go over your filled out guardianship forms to check for completion.

If a guardian is needed, but no family member or loved on is available to serve, how can a guardianship be established?

Anyone may petition the court to establish guardianship, and Washington Courts maintains a list of certified individual and organizational guardians who may be named to serve.

If an adult is being financially exploited, abused or neglected what should be done?

Cal 1-866-ENDHARM to ask Adult Protective Services (APS) to investigate.  APS may explore whether or not to pursue guardianship, or other alternatives.

What are some thoughts to keep in mind when considering whether guardianship might be necessary?

It would be good to explore whether or not the person would be able to make certain decisions and informed choices with the assistance of trusted caregivers, family or friends, or through some of the alternatives to guardianship as stated above.  Read The Arc of the United States' position statement on guardianship.

What are the court's requirements once a guardianship has been established?

The guardian must periodically report to the court  either in person or by mail.  The Guardian's Report forms can be downloaded, and the court facilitator will provide instructions upon request either by mail or during a walk-in visit to their offices.

What helpful guidance is available once guardianship has been established?

The National Guardianship Association has made available for free download the "Standards of Practice for Guardians" and "Model Code of Ethics for Guardians", as well as additional articles and information for family member guardians.

Special Education

• If a person is eligible for special education and related services under the federal law IDEA (Individuals with Disabilities Education Act), what services or resources must the local school district provide?

• Where could I learn the definitions of the terms and acronyms stated above?

• Are there local or state sources of information about special education?

• What can be done if help is needed in the development of the IEP, or in determining educational placement for the student?

• Do IEP meetings only happen once per year?

• What are some options to consider if the IEP and/or placement are not meeting the student's needs for FAPE, for example the student is not making reasonable progress, and the school district refuses to allow any alteration or additions to the IEP or changes in instructional method or placement?

• If mediation or other means of negotiation fail to result in needed change, what other possible remedies should be considered?

If a person is eligible for special education and related services under the federal law IDEA (Individuals with Disabilities Education Act), what services or resources must the local school district provide?

The public school district must regularly reevaluate the student, and create an Individualized Education Program (IEP) designed to provide the student with a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). 

Where could I learn the definitions of the terms and acronyms stated above?

Visit Wrightslaw where you'll find information about special education rules and regulations and various subjects in the "Topics from A-Z" section.  You can also search for more extensive information about any topic related to special education.

Are there local or state sources of information about special education?

 Yes, for a comprehensive list see Disability Rights Washington information sheet "Resources for Parents of Special Education Students".  Other information sheets are also available regarding additional special education related topics.

What can be done if help is needed in the development of the IEP, or in determining educational placement for the student?

Group training in the IEP process is available through PAVE, the parent training and information center (PTI) in Washington State.  Individual support and training may also be available to parents.  You will also find publications and written questions and answers at PAVE.

The Special Education Support Center offers information and referral via telephone and/or free IEP facilitation by a trained neutral third party when needed

PAVE, Disability Rights Washington, Special Education Support Center, and the Education Ombudsman all provide written guidelines or tips for how to best advocate on behalf of students.

Do IEP meetings only happen once per year?

No.  A member of the IEP team, such as a parent, may request a meeting whenever there are concerns, or if changes need to be made.

What are some options to consider if the IEP and/or placement are not meeting the student's needs for FAPE, for example the student is not making reasonable progress, and the school district refuses to allow any alteration or additions to the IEP or changes in instructional method or placement?

The Office of the Education Ombudsman in the Governor's Office offers individual and group training in education advocacy, such as clinics in which parents may receive individual consultation and a workshop called "Making Special Education Work for You". 

The Special Education Ombudsman at The Office of the Superintendent of Public Instruction also provides information about state and federal special education law and assists families and educators to access needed services.

Free services are available by a trained neutral mediator through Sound Options Group.  They offer details on how to request and prepare for mediation.  Mediation may result in consensus or agreement between family and school district.

If mediation or other means of negotiation fail to result in needed change, what other possible remedies should be considered?

The Office of the Superintendent of Public Instruction maintains a section entitled "Special Education Dispute Resolution" including a list of legal resources.  This section also describes the process of filing a Citizen's Complaint if it is believed a school district has violated any state or federal laws pertaining to IDEA.

Due process is the formal and usually adversarial means of resolving a special education dispute.  Read about it at Wrightslaw.  The Disability Rights Washington information sheet mentioned in a question above contains a list of legal resources including private attorneys who specialize in this area of the law.

Social Security and SSI

• What are some similarities and differences between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?

• Are SSI and/or SSDI benefits available to children?

• What is the application process for SSI and SSDI?
• If help is needed with SSI or SSDI application, or the claim has been denied by the Social Security Administration, what can be done?
• How do attorneys generate a fee for this work representing clients?
• Once SSI eligiblility is established for an adult, how is the benefit amount determined?
• If a person is receiving SSI or SSDI and then decides to go to work, how will pay or wages affect the benefit amount?
• Are there any other possible exclusions from earned income when an individual attempts to work?
• Who can help determine and manage any of the above Social Security work incentives and exclusions, or help understand how pay will affect SSI and SSDI benefits?
• If a person has too many financial resources (savings, stocks, bonds, cash) will eligibility for benefits still be possible?
• Are there additional materials, articles or books to read about SSDI and SSI eligibility, how to apply and how to maintain benefits?
• When a person receives SSI or SSDI is that person also eligible for medical benefits?
  

What are some similarities and differences between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?

SSDI eligibility requires a disability or medical condition that stops an adult with a previous work history from engaging in substantial gainful activity (SGA) for 12 months or more.  Income from sources other than employment and resources, such as from savings or other investments, do not preclude SSDI eligibility.  Read how Social Security counts "work credits" to help determine eligibility for SSDI.

SSI eligibility for adults is based on the same disability criteria as SGA standards as for SSDI, but requires no previous wok history.  Instead, SSI eligibility is based on need and so, in order to qualify, the individual must have very little in the way of other income and resources.  To learn more, read Understanding Supplemental Security Income.

An SSDI "child's" benefit (based on a parent's work history) may be paid to an adult with a disability that began prior to age twenty-two, who has never worked at a substantial gainful activity (SGA) level.  This benefit is also sometimes known as the Disabled Child Benefit (DCB) or Disabled Adult Child Benefit (DAC).

Both types of benefits are federal programs administered by the Social Security Administration and pay monthly benefit amounts.  Some individuals are eligible to receive SSI and SSDI benefits at the same time.

Are SSI and/or SSDI benefits available to children?

Yes, read the publication "Benefits for Children with Disabilities" for details of these benefits.

SSI is available to those under the age of 18 with disabilities or medical conditions who meet Social Security's definition of disability for children whose family income and resources fall within certain limits.  For basic information and tips on applying for SSI for children including how family income and resources affect eligibility and benefit amount according to SSI "deeming" rules, read SSI Benefits & Children with Disabilities.

A child under the age of 18, either with a disability or not, may be eligible for dependent's benefits based on the work history of a parent with a disability who is receiving his/her own SSDI, or a parent who has retired or died; as long as that parent has worked long enough under the Social Security system.

What is the application process for SSI and SSDI?

To apply for SSDI for an adult age 18 or above, visit the Social Security Administration's website page, "Apply for Disability Benefits" and follow the step by step directions.  Some reports and applications may be completed online.  Call Social Security at the toll-free number listed in the above publication if you need copies of forms, publications or other assistance.

The "SSI Application Process" cannot be completed on-line, but may be initiated by calling the toll-free number 1-800-772-1213 or visiting the local Social Security office.

To apply for SSI for a child, go to "Apply for Disability Benefits-Child (Under Age 18)" and follow the steps.

If help is needed with SSI or SSDI application, or the claim has been denied by the Social Security Administration, what can be done?

The Social Security Administration denies many initial claims for SSI/SSDI benefits.  Many such individuals will later win benefits when they appeal those decisions.  The chance of winning benefits is much greater when represented by an attorney who specializes in this area of law.

Read the Northwest Justice Project publication, "How to Fight Your SSI or Social Security Disability Denial" for detailed information about the appeal process.

Contact the King County Bar Association Lawyer Referral Service for referrals to attorneys who specialize in this area of the law, or visit the Washington State Bar Association website for an extensive list of attorneys who practice disability law.

The National Organization of Social Security Claimants' Representatives is an association offering a nationwide referral service for individuals seeking assistance for any stage of the Social Security claim.  See the NOSSCR Members' Websites for information about some of the members.

The Social Security Advocacy Project may offer representation to individuals with low income who have been unable to retain a private attorney.

How do attorneys generate a fee for this work representing clients?

Legal fees are contingent on the attorney winning benefits for the client, up to 25% of the retroactive SSI or SSDI benefits.

Once SSI eligibilility is established for an adult, how is the benefit amount determined?

The following publication, SSI & Children Turning 18 explains how the person's other income, earned or unearned, will affect the monthly SSI benefit amount.  It is especially important to note that if the person lives with others, but does not pay his/her share of shelter and food costs, the SSI benefit will be reduced by one-third.  If the person either pays his/her share of the household's shelter and food costs; or has a rental agreement (paying market rate rent) and pays for his/her own food; or pays room and board at a rate the landlord would charge anyone (market rate), that individual should receive the full SSI amount (Federal Benefit Rate).

If a person is receiving SSI or SSDI and then decides to go to work, how will pay or wages affect the benefit amount?

To determine what is countable income for SSI purposes when someone is working but has no income other than SSI and wages, subtract $85 ($20 general income exclusion + $65 earned income exclusion) from monthly gross wages and divide by 2.  Subtracting the resulting countable income from the current Federal Benefit Rate (highest possible SSI amount) equals the new SSI amount.  So, FBR - [(wages - $85) / 2] = SSI amount.  Example: if the FBR is $674 and gross wages are $1003, then $674 - [($1003 - $85) / 2] = $215 SSI amount.

If the person is receiving SSDI only, and is working, there is no SSDI benefit reduction during the nine month trial period and three month grace period.  If the person has earnings at or above the substantial gainful activity level (SGA) in any month in the following 36 month period, extended period of eligibility (EPE) that person will not be eligible for the SSDI benefit for that month.  At the end of the EPE if the person's earnings are at or above SGA the SSDI benefit will end.

If the individual receives SSDI and SSI concurrently, all of the SSDI, except for the $20 general income exclusion (GIE), is included in countable income when determining the SSI amount.

Are there any other possible exclusions from earned income when an individual attempts to work?

Yes, the student earned income exclusion and other work incentives such as subsidy, impairment related work expenses, and PASS (Plan to Achieve Self Support) are some possibilities to consider.  For more complete details read the Red Book.

For more information about SSI and work incentives including how to calculate benefit amounts, read 2010 Supplemental Security Income (SSI) and Work Incentives.

To learn about how work incentives apply to SSDI, read 2010 Social Security Disability Insurance (SSDI), Social Security Disabled Adult Child (SSDAC), and Work Incentives.

Who can help determine and manage any of the above Social Security work incentives and exclusions, or help understand how pay will affect SSI and SSDI benefits?

Any King County resident who is also a DSHS SSS (Division of Developmental Disabilities) client may contact an Employment Resource Coordinator for assistance.

If a person has too many financial resources (savings, stocks, bonds, cash) will eligibility for benefits still be possible?

SSI has a resource limit of $2,000 for an individual ($3,000 for a couple) at the beginning of every month.  Certain resources, such as the home the person lives in or a car, do not count.  SSDI has no resource limit.

Are there additional materials, articles or books to read about SSDI and SSI eligibility, how to apply and how to maintain benefits?

Yes, read the comprehensive "Nolo's Guide to Social Security Disability: Getting and Keeping Your Benefits" by David A. Morton.  Seattle Public Library and King County Public Library have copies in their collections.  Nolo also offers free articles on Social Security related topics in their encyclopedia articles.

When a person receives SSI or SSDI is that person also eligible for medical benefits?

Yes, the SSI recipient will be immediately eligible for Medicaid, a federal program administered by the state in which the person lives.  The SSDI beneficiary will be entitled to enroll in Medicare after 24 months SSDI eligibility.

Housing and Related Services

What are major sources of low-income housing in King County, Washington?  

They are the local housing authorities, King County Housing Authority, Seattle Housing Authority and Renton Housing Authority. They administer several housing subsidy programs.  Visit the websites or in person and consider applying for any programs having openings for which you or your family are eligible.  Ask which have or do not have waiting lists and how long the wait might be. 

How and where do people apply for the Section 8 voucher program?

Apply by contacting a local housing authority (see above) to submit an application during an open enrollment period.  An alternative for individuals who are clients of the Division of Developmental Disabilities (DDD) is to request help from a DDD case manager or King County Developmental Disabilities Division when they have Section 8 vouchers available.

Does the federal agency Housing and Urban Development (HUD) offer low-income or subsidized housing, and how would this housing be accessed?

Here is list of residences offering HUD funded units.

What other organizations or companies offer housing for people with lower than median income for our area?

Some non-profit housing groups offer housing with affordable rent based on income.  For a list or to search a large database visit Apartment Finder.  Other housing related resources may be found at this King County website.                                     .

What are some resources if someone must live with others due to a need for frequent supervision or personal care services?

In this case an Adult Family Home (AFH) might be an option.  If the individual is a client of DDD contact the Division of Developmental Disabilities to ask for placement in an AFH.  If the person has a disability but is not a client of DDD, they can search the Adult Family Home finder and request help from Home and Community Services to reside in an AFH.

If an individual or family need emergency shelter what should they do?

Call Community Information Line (211) and ask for a list of emergency shelters in their community.  

If family members would like to meet with one another to troubleshoot housing and residential services options where might they do this?

They could get together with other parents and family members at one of the “My Home, My Life” support groups to strategize and discuss alternatives. 

If utility and energy costs are unaffordable, what can be done?

Apply for both Federal Energy Assistance; and local utility reduction programs by checking out the list at Community Resources On-Line, or check out this comprehensive listing of programs at Senior Information and Referral.  

If an individual or family need emergency rental or utility assistance who could they contact?

Call 211, Community Information Line and ask for a list of organizations providing this assistance in their zip code.  If the person or a family member is a client of Division of Developmental Disabilities, funding may be available through King County Developmental Disabilities Division.

If an individual or family with family member who is a client of Division of Developmental Disabilities is interested in homeownership, what are some resources?

Parkview’s Homeownership Program is one option for persons with developmental disabilities.

Information about additional homeownership opportunities may be found at this King County webpage.

Is there help for an individual or family who own a home and cannot afford the property taxes?  

Yes.  They may qualify for a property tax deferral or exemption (reduction in property taxes). Visit the website of King County Department of Assessments to learn how to apply.