WASHINGTON GUARDIANSHIP

 

 

Washington Guardianship Site Map

 

 

 

Frequently Asked Questions about Guardians & Guardianships

 

 

Frequently Asked Questions about Alternatives to a Guardianship

  1. Options Available Before a Person Becomes Incapacitated

        Powers of Attorney, in General

    1. Alternatives for Health Care Decisions

      1. Durable Power of Attorney for Health Care

      2. Health Care Directive ("Living Will")

    2. Alternatives for Financial Decisions

      1. Financial Durable Power of Attorney

      2. Trust

      3. Joint Property Arrangement
         

  2. Options Available After a Person Becomes Incapacitated

    1. Consent to Health Care Statute

    2. Representative Payeeship

    3. Supervised Individual Indian Money Account

    4. Money Management Service

    5. Case Management

    6. Respite Care and Other Services

 

I.  Creating the Guardianship

  1. Preparing for Court

    1. Determining the Proper Court

      1. Jurisdiction

      2. Venue

    2. Petitioning for a Guardianship

    3. Filing a Case Cover Sheet

    4. Avoiding Having to Send Notice

      1. Notice that a Petition for Guardianship Has Been Filed

      2. Notice of the Hearing on the Petition

    5. Preparing a Declaration of Proposed Guardian

    6. Avoiding Designating a Resident Agent

    7. Avoiding Posting Bond

    8. Drafting a Proposed Order Appointing Guardian

    9. Drafting a Proposed Order Appointing Guardian ad Litem & Notice of Hearing

    10. Drafting a Proposed Order Waiving Filing Fee

    11. Seeking Temporary Relief --- Motion for a Temporary Restraining Order

    12. Filing an Oath of Guardian

    13. Telephoning the Probate Clerk

       

  2. Going to Court

    1. The Notice of Filing of Petition for Guardianship Requirement

    2. Filing Procedure for Usual Guardianship

    3. Procedure If No Filing Fee Will Be Paid

    4. Procedure If a Guardian ad Litem Will Be Appointed

    5. Procedure If No Notice of Hearing Is Required
       

  3. Giving Notice

    1. Service on the Incapacitated Person

    2. Service on the Guardian ad Litem

    3. Service on All Other Persons

 

II.  Managing the Guardianship

  1. Guardian of the Person: Court Reporting Requirements

    1. Promptly Following Appointment

      1. Designation of Standby Guardian

    2. By 3 Months After Appointment

      1. Personal Care Plan

      2. Court Approval of Your Personal Care Plan

    3. Yearly After Appointment

      1. Annual Report

    4. Upon Extraordinary Changes

      1. Change of Address of Guardian

      2. Change of Address of Incapacitated Person

      3. Change in Circumstances of Incapacitated Person

      4. Death of Incapacitated Person

        5.

       

  2. Guardian of the Person: General Duties & Limits

    1. Transferring the Guardianship

    2. Involuntarily Committing the Incapacitated Person

    3. Undertaking Radical Psychiatric/Mental Health Procedures

    4. Undertaking an Extraordinary, Irreversible Medical Procedure Seriously Affecting the Incapacitated Person's Bodily Integrity

    5. Sterilizing the Incapacitated Person

    6. Terminating the Incapacitated Person's Life Support System Absent an Advanced Medical Directive

    7. Changing the Incapacitated Person's Residence to Another State
       

  3. Guardian of the Estate: Court Reporting Requirements

    1. Promptly Following Appointment

      1. Designation of Standby Guardian

    2. By 3 Months After Appointment

      1. Guardianship Inventory

      2. Proposed Disbursements

    3. Yearly After Appointment

      1. Annual Account

      2. Reporting Periods Longer Than One Year

    4. Upon Extraordinary Changes

      1. Change of Address of Guardian

      2. Change in Circumstances of Incapacitated Person

    5. Working with a Blocked Account
       

      6.

  4. Guardian of the Estate: General Duties & Limits

    1. Opening a Checking Account for the Guardianship & Retitling All of Its Securities

    2. Transferring the Guardianship

      1. To Another County within Washington

      2. Outside of Washington

        3.

    3. Investing in Private Securities

    4. Gifting Guardianship Property

    5. Selling Guardianship Property

    6. Prosecuting or Defending a Lawsuit

    7. Compromising or Settling a Claim

    8. Performing the Incapacitated Person's Contracts

    9. Using Minor's Funds for Minor's Support

    10. Obtaining Incapacitated Person's Will

 

III.  Removing & Replacing the Guardian

 

 

IV.  Terminating the Guardianship

  1. Minor Attains Majority

    1. The Declaration of Completion of Guardianship Procedure

      1. Terminating the Guardianship - Simply

      2. Terminating the Guardianship - Not So Simply

    2. Formal Alternative: The Final Report & Account Procedure

  2. Incapacitated Person Dies

  3. Incapacitated Person Adjudicated Capable

  4. Guardianship Adjudicated Unnecessary

  5. Time of "Timed" Guardianship Expires

  6. Death, Resignation, or Replacement of Guardian

  7. The Final Report & Account Procedure

  8. Petition for Discharge

 

V.  Procedural Matters

  1. Procedure for:
       Avoiding Having to Give Notice,
       Possibly Even Avoiding Having to Attend a Hearing, &
       Sending Notice if its Unavoidable

  2. How Can I Keep Track of the Guardianship?  A Request for Special Notice

 

Washington Guardianship

WASHINGTON PROBATE
Forms & Instructions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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