When is a guardianship warranted?

  • A guardianship may be established only if the person is legally “incapacitated.” A person is deemed incapacitated when “the individual has a significant risk of personal harm based upon a demonstrated inability to adequately provide for nutrition, health, housing, or physical safety.” A person is deemed incapacitated as to his/her estate when “the individual is at significant risk of financial harm based upon a demonstrated inability to adequately manage property or financial affairs.” Merely because a person makes poor decisions does not necessarily mean he/she will be found legally incapacitated. A person with capacity is free to make poor choices of his/her own accord.
  • Standby guardian: this person has no decision making authority unless the primary guardian is unavailable (usually when emergency health care decisions must be made).
  • Resident Agent: This is a Washington resident chosen to receive service of process on guardianship matters for a guardian who lives out of state. This person has no decision making authority.
  • Parent: After a client is 18 years old, he/she is an adult and his/her parents are no longer the client’s legal guardians. Parents do retain the ability to make informed consent decisions if no legal guardian has been appointed. Parents must petition the court if they want to remain the legal guardians.