Frequently Asked Questions in Legal Guardianships
What follows are a series of common questions relative to legal guardianships, according to the law. For specifics regarding your situation, please contact our law office and find out more about guardianships and how they apply to your family.
Guardianship: What is it?
Guardianship is the legal process used to protect people that are in need of substantial assistance in terms of decision making. Obtaining guardianship over a person is a significant legal step and never to be considered lightly.
Is Power of Attorney the same as Legal Guardianship?
Guardianship is much different from having power of attorney for someone. When you hold power of attorney for someone, you share decision making power with that individual. Guardianship occurs when someone has significant diminished capacity to make decisions for themselves and requires legal intervention for their own protection.
Our firm understands the profound effect that guardianship activities have on the individual and their loved ones.
Who Needs a Guardian?
Guardianships help protect individuals who have lost or no longer possess the ability to make appropriate personal or financial decisions for themselves. These may encompass individuals who developed chronic mental or emotional disabilities either from birth or as a result of an accident or disease.
Are all Legal Guardianships the same?
All guardianships are not the same. In determining legal guardianship, the court relies on third party investigations to determine the needs of the individual. The goal under guardianships is to provide for the needs of the individual based on the capabilities of the person requiring guardianship. Guardians can limit or have full authority, applying it to the estate (asset decision-making), personal care, or a combination of both.
Are all Guardians the same?
Guardians are designated as either “Lay Guardians” or ”Professional Guardians”.
Lay Guardians –
Lay guardians, as the name implies, are generally non-professionals (e.g. family member, friend, etc.) who have accepted the legal responsibility to acts as a guardian for a person legally deemed unable to take care of themselves (incapacitated person).
Professional Guardians –
Certified Professional Guardians (CPG) are individuals who have received college level guardianship instruction and training and are certified by the State of Washington to provide guardianship services. To maintain certification, CPGs must undergo ongoing, accredited training and education.
All guardians in Washington are subject to strict legal requirement to perform their duties in compliance with the legal rules and statutes governing guardianship.
Attorney for the Lay Guardian
In fulfilling their duties and responsibilities, guardians must fully comply with a myriad of laws. Guardians are directly accountable to the Court for their actions. The Whipple Law Group is fully prepared to provide legal representation and advice to family members acting as lay guardians.
We will advise you with regard to obtaining required training, assist you in writing and filing legal documents, and avoiding common mistakes. We recognize your commitment to doing the best job possible, which is why you assumed the position in the first place. Let us support you in making this possible.
