No one wants to think of a loved one becoming incapacitated. However, the truth is that dementia, chronic illness, or a serious accident may prevent an individual from adequately overseeing their own financial or personal matters. If your parent, spouse, or other close loved one is incapable of making decisions in their own best interests, you may want to consider seeking a guardianship.

The experienced lawyers at the Dickson Frohlich Phillips Burgess are committed to exploring all of your legal options to take proper care of an incapacitated loved one and advising whether a guardianship is right in your case.

What is a guardianship?

There are two types of guardianship that may be necessary if an individual becomes incapacitated:

• Guardianship of the estate to oversee their financial affairs
• Guardianship of the person to oversee their physical care

Washington guardianship law protects the rights of seniors or other individuals to remain independent and in control of their own affairs whenever possible and courts will not simply approve an intrusive guardianship unless it is deemed necessary. In order to determine whether a guardianship is necessary, the court will first evaluate the level of an individual’s incapacitation. Courts will then only approve the minimal amount of control over the individual’s affairs necessary to protect their well-being.

Is guardianship right in my case?

In many cases, there are less restrictive alternatives to explore before pursuing a guardianship over your loved one. Such options may include:

• Power of attorney
• Trust formation
• Vulnerable adult protection order²

You should always consult with an attorney who has experience in this type of case and can identify the best option to both protect your loved one’s well-being and their right to be independent.

Contact the Dickson Frohlich Phillips Burgess for assistance with guardianship matters

Guardianship cases may be complicated as individuals often understandably want to fight against having a legal guardian in order to keep their independence. However, sometimes guardianships are necessary to protect a loved one, and the lawyers at the Dickson Frohlich Phillips Burgess understand both sides of a guardianship case.

²http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=70