What is a durable guardianship?

A durable guardianship is a legal arrangement in Washington that allows one person – the guardian – to make decisions and take care of the needs of another person, known as the ward. The guardian has the same kinds of legal authority as a parent would have over their child, including decisions about finances, medical care, education, and living arrangements. What makes the arrangement durable is that it lasts for more than just one instance. Usually, the guardian is appointed by the court and the guardianship lasts until the ward turns 18 years old or the arrangement is terminated by the court. In Washington, the guardian must be a responsible adult who is over the age of 18, and must have the capacity and willingness to make decisions on behalf of the ward. In cases of minor children, the court will usually appoint a parent or legal guardian as the durable guardian. In cases of disabled adults, the court may appoint another person or a professional guardian to make decisions for the ward. In either case, the court will review the petition and make a determination that the guardian is fit and proper to take care of the needs of the ward. The guardian has the responsibility to care for the ward, ensure that the ward has adequate food, clothing, and shelter, and make decisions in the ward’s best interest. The court may also require the guardian to report to them periodically about the ward’s care and progress. The guardian must follow any court orders regarding the guardianship and must know and comply with all applicable laws and regulations. Durable guardianships are an important legal tool that can provide a safe and secure environment in which a ward can develop to their fullest potential.

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