What is a guardianship and how do I set one up?

A guardianship is a legal process in which a court appoints an individual to make decisions on behalf of an adult who is determined to lack the capacity to make those decisions for themselves. In Washington, a guardianship is established when a court determines that an individual needs assistance managing their own affairs due to a physical or mental disability or age. To initiate a guardianship, a petition must be filed with the court. The petitioner is typically a family member, friend, or other interested individual. It is important to note that the guardianship may be contested by the proposed ward, or the individual for whom the guardianship is proposed. The petition must include specific details regarding the proposed ward’s disability and the proposed guardian’s qualifications. Once the petition is filed, a court hearing is scheduled. The proposed ward and the proposed guardian are typically required to attend the hearing. The judge will hear arguments from both sides and may require additional evidence in order to make their decision. If the court determines that a guardianship is necessary, they will appoint a guardian to make decisions on behalf of the ward. The appointed guardian has the legal authority to make decisions regarding the ward’s financial, medical, and personal affairs. It is important to note that the court may impose limits on the scope of the guardian’s decision-making authority. Additionally, the guardian is required to file reports with the court regarding their decisions and the ward’s well-being. To set up a guardianship in Washington, an individual must petition the court and demonstrate that the proposed ward lacks the capacity to make certain decisions for themselves and that the proposed guardian has the appropriate qualifications. Once the court makes a determination, the guardian is then legally appointed to make decisions on behalf of the ward.

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What is a guardianship and how do I set one up?

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