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Washington Guardianships
If you do not plan ahead for the possibility of disability, you can find yourself at the center of a guardianship.
"Planning ahead” often means having a well-thought out durable power of attorney.
In Washington, there are two kinds of guardianships: guardian of the person and guardian of the estate (known as a "conservatorship” in some states).
A guardianship is similar to a probate with two important differences – guardianships are more complex and the guardianship does not end until the incapacitated person either dies or regains capacity.
If you do not plan ahead and disability strikes, what does a guardianship involve in Washington?
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Someone, usually with the help of an attorney, has to step forward and petition the court to be appointed your guardian.
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The first step is for the court to appoint an investigator called a "guardian ad litem” to do an investigation of all the relevant facts and make a report back to the court.
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If the court agrees you need a guardianship, the judge signs an order appointing whomever the judge determines will best fill that role.
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Your guardian has to post a bond and file an inventory with the court of all your assets, and get permission from the judge to pay your bills and invest your assets.
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Your guardian must report back to the court at regular intervals.
All of this is time consuming and thus expensive and the cost is paid out of your assets. That is why if you plan ahead for the potential that you may become incapacitated, you can save your family a lot of time, heartache and expense.
Elizabeth A. Perry has been helping Clark County residents with their guardianship, estate planning and probate needs since 1976. She is a frequent seminar speaker. Her practice emphasizes probate, Medicaid issues, wills, trusts, incapacity issues, guardianships and durable powers of attorney. Phone: (360) 816-2485 Fax: (360) 816-2486
(The above should not be construed as specific legal advice and is intended for general information purposes only.) | 
