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Guardianship Services provided in the Spokane County and Liberty Lake, WA Areas
Or it might not be. Guardianship is “a legal process through which an individual or business is given the legal authority by the court to make decisions for another person .” Guardianship takes away most or all personal rights. That is why it is taken so seriously and only granted by the courts when there are no other appropriate options. We help advise you on alternatives to guardianship and, if necessary the best option for an incapacitated person, guide you through the guardianship process. In all cases, we adhere to Washington court guidelines, in which it is stated that “liberty and autonomy should be restricted through the guardianship process only to the minimum extent necessary to adequately provide for their own health or safety, or to adequately manage their financial affairs.”
An elderly incapacitated individual or an incapacitated adult (or a minor child) may need a guardian. Common reasons for elderly or adult incapacitation include mental deterioration (such as dementia or Alzheimer’s), physical incapacity, developmental disability, or mental illness. The court holds a hearing to determine whether a person is incapacitated, based on facts and evidence. If the court finds that person to be legally incapacitated, then they may appoint a guardian. Specifically, the court looks at whether the person is:
In a partial (or limited) guardianship, the guardian makes decisions on only those matters specifically ordered by the court. Anything not specified is left to the decision of the incapacitated person. For example, the guardian may have the authority over finances but not health care choices. In that case, they are the guardian of the estate, meaning they have decision-making authority over financial affairs and property.
A guardian who has authority to make decisions regarding the physical, mental, and emotional needs of a person is a guardian of the person . A plenary (or full) guardianship is one in which the guardian is the decision-maker in all matters, both personal and fiduciary.
It is the guardian’s duty to see to the best interests of the ward (the incapacitated person), to ensure their health, safety, and well-being, to protect them from abuse, to act with integrity and honesty regarding finances, to avoid conflicts of interest or self-dealing, to communicate their decisions with the ward, and to report regularly to the court.
A person who is over the age of 18, who is of sound mind and has not been convicted of a serious crime, and who meets court-required certification, can petition the court to be the guardian of an incapacitated person. Often, it is a person applying to become a legal guardian, but it may also be an agency. Banks can become guardians of the estate, but not of the person.
The guardian must be appointed (approved) by the courts. The process for appointment includes:
To learn more about guardianship and potential options, such as community services, case management, or other appropriate alternatives, please call us at (509) 994-1599 or contact us online using our messaging feature below to schedule a consultation. We can discuss your situation and help find a course that is best for all involved. We serve clients throughout Spokane County, Spokane Valley and surrounding areas and look forward to helping you with your guardianship needs.
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