Guardianship Attorney in Olympia, Washington

According to the National Center for State Courts, in 2016, there were about 1.3 million adult guardianship cases in the United States, with an estimated $50 billion of assets under management by court-appointed fiduciaries. Washington State provides a type of court-supervised fiduciary appointment to support, protect, and oversee the affairs of individuals who are unable to make crucial decisions concerning their general well-being and finances.

If you're considering appointing a guardian or if you have been appointed as the guardian of an incapacitated adult or minor child, consulting with a knowledgeable Washington State estate planning attorney is important for proper guidance. Attorney Robert Taylor-Manning has dedicated his career to guiding families through the process of establishing guardianship. He will provide you with the comprehensive legal guidance and advocacy you need to appoint a guardian or carry out your duties and responsibilities as a guardian to a loved one.

Attorney Robert Taylor-Manning proudly serves clients throughout Olympia, Kennewick, Pasco, Richland, Washington, as well as Portland, Oregon, and the surrounding areas.

Understanding Guardianship

Guardianship can be described as a relationship created by state law, whereby a court grants a person (the guardian) the power and duty to make important decisions about the well-being, health, and finances of another person (incapacitated adult or minor child) who cannot care for or make such decisions by themselves. Guardianships may be used in any of these three circumstances:

• Guardianship of an incapacitated adult

• Guardianship of a minor child

• Guardianship of a developmentally disabled adult

Who Is Considered a Guardian?

A guardian is a person, agency, or institution appointed by the court to manage the interests and affairs of another person. Once appointed, a guardian will have authority over an individual's personal, financial, and property decisions, including:

• Where to live

• What medical treatment or health care services to receive

• Financial benefits

• Real estate and other property

Who Can Be a Guardian?

A guardian can be anyone who has an established and positive relationship with the person. A relative, a family friend, or an authorized carer who cares about the individual under guardianship can be a guardian. However, a person CANNOT be appointed a guardian if:

• The person is a minor

• The person is considered to be incompetent

• The person has filed for bankruptcy within the past seven years

What Can a Guardian Do?

The person appointed as a guardian over another person can:

• Provide proper care, maintenance, and support

• Provide food, shelter, clothing, and other necessities

• Advocate for the protected person

• Authorize medical, dental, surgical, psychiatric, and psychological care

• Ensure that the protected person receives adequate education and proper training

• Provide the protected person with an opportunity to learn a trade, profession, or occupation

• Prepare an annual report every year updating the court about the wellbeing of the protected

What Can't a Guardian Do?

A guardian does not have complete power to make all the decisions for the protected person. The guardian is required to get the court’s approval or permission before:

• Paying himself or herself for providing care to the protected person

• Placing the protected person in a care facility

• Administering certain drugs

• Moving the protected person to a different location

• Selling any of the protected person's personal or real estate property

• Withdrawing funds from an account or using the protected person's debit card

How Is a Guardian Appointed?

Whether you live in Washington or Oregon, appointing a guardian is similar in both states. The process begins when an attorney representing the concerned party or family member (petitioner) files a petition with the state court. The petition must include facts that indicate that the person is incapacitated. Any person interested in becoming a guardian may also file a petition in the court. Other steps to be taken before guardianship is appointed include:

• Deliver a notice of the guardianship petition to the person named in the petition

• Appoint a court visitor or "guardian ad litem" to interview and investigate the people involved in the guardianship case and present a report to the court

• Hold a hearing to determine whether the person needs a guardian

Once the judge determines that the person needs a guardian and certifies the proposed guardian as qualified and suitable, based on the court visitor's report, the judge will sign an order appointing the guardian.

Work With a Guardianship Attorney
in Olympia, Washington

Before you choose a guardian in your estate plan or start serving as a guardian, it is crucial that you understand the legal duties and responsibilities of guardianship. This is why you need to speak with a knowledgeable Washington State estate planning and elder law attorney for detailed guidance.

Attorney Robert Taylor-Manning is committed to offering compassionate legal services and detailed guidance to clients in matters of estate planning, guardianship, wills, and trusts. As your legal counsel, he can help you understand the guardianship process, explain your rights, duties, and responsibilities as a guardian, and how to achieve them. Attorney Robert Taylor-Manning can offer you the comprehensive legal counsel and advocacy you need to navigate critical decisions.