Providing Sound Counsel In Situations Where a Guardianship May Be Necessary
A serious accident, chronic illness or dementia might make it impossible for a person to take care of his or her own personal security or financial affairs. Guardianship is the most common legal response, but it is an intrusive solution that might be resisted by the person most directly involved or by other family members.
There are two kinds of guardianship: guardianship of the person and guardianship of the estate. A guardian is a person appointed by the court to supervise an incapacitated person's physical care ("the person") or financial affairs ("the estate"). In either situation, the court asked to appoint a guardian will usually consider less restrictive alternatives, such as a trust or power of attorney.
In some situations, an individual may not require a guardianship but may need the benefits of a vulnerable adult protection order. In other cases, an individual may need both a guardian to be appointed as well as the benefits provided by a protection order.
Our experience with guardianship proceedings and the problems that families can encounter in considering a guardianship can help you understand the pros and cons of seeking this remedy. Our attorneys usually advise and represent the families of people whose ability to care for themselves is in substantial doubt, but are also able to represent people who want to resist the appointment of a guardian, including the allegedly incapacitated person.
We also advise and represent guardians with regard to the scope of their responsibilities, their periodic reporting duties, and matters related to any proposed termination of the guardianship or substitution of the guardian.
Guardianship is best viewed as a last resort to assure the physical and financial security of a loved one who can no longer manage his or her own affairs. To discuss your situation with a knowledgeable lawyer, contact Ridgway and Gafken in Seattle.
