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:

 

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.

 

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 the 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.

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