Who is eligible for guardianship?
In Washington, someone may be eligible for guardianship if they are unable to make and communicate decisions regarding their own welfare or financial matters. To establish guardianship, a person must have a disability or be of an age (under 18) where they are unable to manage their own affairs. Additionally, the individual needs to reside in Washington or have property in the state. To be eligible for guardianship, an individual must generally need some form of assistance with decision-making. This may include financial decisions, medical decisions, or decisions relating to daily-living such as where the person lives or works. Some common disabilities that may make an individual eligible for a guardianship are developmental disabilities, severe mental illness, or physical impairments that interfere with the ability to make decisions. In Washington, individual who hold certain government positions and certain Native American tribes are not eligible for guardianships due to their access to special programs and services. Additionally, individuals in Washington who are mentally competent and are able to effectively make and communicate decisions are not eligible for guardianship. In general, eligibility for guardianship is based on the individual’s need for assistance with decision-making. The court will evaluate each case on an individual basis, considering the age, disability, and capacity of the individual in question. The court may also determine if the individual has any available alternative to guardianship, such as an alternative form of decision-making. In any case, the court will make its decision based on the best interests of the individual and the state of Washington.
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