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.
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