Can a guardian be appointed without a court order?

In Washington, a guardian can be appointed without a court order if both the parent(s) and the proposed guardian(s) have agreed to the guardianship and have signed the necessary paperwork. The paperwork must consist of an Affidavit of Consent, a Health Care Power of Attorney, and a Financial Power of Attorney. This type of guardianship is known as an informal guardianship. In order for an informal guardianship to be valid, the parent or parents must have agreed to the appointment in writing. The Affidavit of Consent should include the legal names of the parent, guardian, and minor, as well as a statement from the parent that they are agreeing to the guardianship. The Health Care Power of Attorney allows the guardian to make medical decisions for the minor, and the Financial Power of Attorney allows the guardian to manage the legal and financial affairs of the minor. Both documents must be signed and notarized by both the parent and the guardian. In Washington, an informal guardianship is limited in scope and may only last up to one year. After this time, it must be renewed, or a court order may be required. It is important to note that a court order is required for an informal guardianship if the proposed guardian is not the parent.

Related FAQs

What is involved in establishing a guardianship?
Can guardianship be denied by the court?
What is an emergency guardianship?
What is the role of a lawyer in a guardianship case?
What is a guardianship of the estate?
Can a minor consent to a guardianship?
What is the difference between guardianship and conservatorship?
What are the criteria for determining who should serve as guardian?
Who can petition the court for a guardianship?
How do you select a guardian?

Related Blog Posts

Understanding Guardianship Law: What Do Parents Need to Know? - July 31, 2023
What Is a Guardianship and When Is It Necessary? - August 7, 2023
The Process of Establishing a Guardianship - August 14, 2023
What Are the Responsibilities of a Guardian? - August 21, 2023
Guardianship Law for Elderly Parents: What You Need to Know - August 28, 2023