What is a legal guardian?

A legal guardian is an adult appointed by a court to take responsibility for a minor or an adult who is legally incapable of taking care of themselves. In Washington, a legal guardian has legal authority over decisions regarding the ward’s health, education, and other matters. Generally, guardianship is meant to protect the well-being of minors or adults who are unable to make decisions on their own due to age, disabilities, or other serious issues. Washington State has laws spelled out in the Revised Code of Washington that define the guardian-ward relationship. A guardianship may be voluntary or involuntary, depending on the circumstances. When it’s voluntary, the guardianship is typically established when a parent voluntarily relinquishes their rights over a minor child or an adult wishes to appoint a guardian for themselves due to a physical or mental disability. Generally, the court will appoint a family member to act as guardian when the guardianship is voluntary. Involuntary guardianships are established when a court determines an individual is unable to manage their own personal or financial affairs. A guardian is appointed to make decisions on behalf of the ward. Washington law also contemplates guardianships without court proceedings in certain circumstances. The responsibilities of a legal guardian depend on the terms of the court order and the legal guardian’s relationship with the ward. Generally, legal guardians are responsible for providing care, protecting property, and ensuring the ward is safe. Guardians may also be held responsible for ensuring the ward’s compliance with the court’s orders.

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