DAL law firm: what is guardianship?

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What is guardianship?

A guardian is a person appointed by the guardianship court who makes decisions for an incapable person. Someone may need a guardian if they are determined to be incapable and there is no alternative to guardianship. A person is considered incapable when they are at significant risk of personal harm and cannot provide for their own health, housing and/or physical security needs. The person who has been given guardianship is known as the protected person whom the guardian is supposed to support and prevent from making their own decisions.

Unless there are limitations proposed by the court, the tutor has full authority over the personal and financial decisions of the protected person. This includes who will take care of the person, how finances will be handled and where the person will live and whether this will include medical help. The guardian must assess the person’s income and expenses and make decisions accordingly. They can create a personal care plan and each year a report will be filed with the court showing how income and expenses were used and updated as needed.

Before a guardianship is decided upon, the notice of petition for guardianship must be given to the person named. The court must appoint a guardian to conduct an investigation and these findings will be presented to the court. The court can arrange limited guardianship for those who can care for themselves but are otherwise limited. After the application for guardianship is filed, the court temporarily appoints a guardian on behalf of the incapable person while the investigation is ongoing. This process can take anywhere from two weeks to a few months.

Contact our office today at (206) 408-8158 for a consultation or if you have questions or need help with a guardianship for someone you know. You can learn more about guardianships or estate planning on our website dallawfirm.com or by email at [email protected]. We look forward to helping you!

Contact us:

19803 1st Avenue S.
Office 200
Normandy Park, WA 98148

Phone. (206) 408-8158
F (206) 374-2810

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