Guardianships |
Guardianship is a court-supervised process established to protect those persons who cannot protect or care for themselves. Where (1) a person demonstrates an inability to adequately care for his or her person and/or estate; (2) there exists a significant risk of harm to his or her person and/or estate; and (3) there are no lesser-restrictive alternatives available to protect one’s person and/or estate, a guardianship may be established.
Guardianship often involves a considerable loss of privacy and legal rights. Nonetheless, the loss or limitation of such rights may be necessary to ensure a person is protected. RCW 11.88.005 illustrates the legislative intent that each guardianship should be carefully crafted to a person and situation:
Guardianship often involves a considerable loss of privacy and legal rights. Nonetheless, the loss or limitation of such rights may be necessary to ensure a person is protected. RCW 11.88.005 illustrates the legislative intent that each guardianship should be carefully crafted to a person and situation:
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It is the intent of the legislature to protect the liberty and autonomy of all people of this state, and to enable them to exercise their rights under the law to the maximum extent, consistent with the capacity of each person. The legislature recognizes that people with incapacities have unique abilities and needs, and that some people with incapacities cannot exercise their rights or provide for their basic needs without the help of a guardian. However, their 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.
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Therefore a guardianships should be specifically tailored to meet an individual's needs only to the extent necessary to protect them. A guardian over one's person often has authority to make medical decisions, social and living arrangements. A guardian over one’s estate often has authority to make financial decisions and control assets
Notably, guardianship is a last resort. Creating a plan for incapacity may minimize the need for a guardianship.
Notably, guardianship is a last resort. Creating a plan for incapacity may minimize the need for a guardianship.