What is an informal guardianship?
An informal guardianship is a legal arrangement in which an individual is responsible for the care and well-being of a minor child or adult who cannot take care of themselves. This arrangement is put in place without a court order and is not a formal legal guardianship. It may be established by an informal agreement between the parties involved or by a parent or legal guardian authorizing a third person to care for the individual in question. In Washington state, informal guardianships are regulated by the Revised Code of Washington (RCW) Title 11. It states that an informal guardianship must be approved by an adult family member, the parent of the individual to be appointed guardian or a court appointed attorney ad litem. An informal guardian is not be required to post a bond or file an inventory of the estate. An informal guardian is provided legal authority to make decisions and provide care for the person’s physical and emotional well-being, but they will not gain legal ownership of their estate or assets. This means that the individual will retain control of their property and assets, such as money and real estate. In the state of Washington, an informal guardianship is not legally binding and may be terminated by either the guardian or the person for whom the guardianship is established at any time. It is important to keep in mind that informal guardianships cannot be used to transfer parental/guardian rights from parent to an informal guardian.
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