Adult Guardianships, Conservatorships & Less Restrictive Alternatives

A guardianship is the legal process in which a court appoints a guardian to make decisions for a person if that person is unable to make decisions due to mental or physical incapacity.  A conservatorship is a separate but related legal process in which a court appoints a conservator to make financial decisions for a person who cannot make these decisions for themselves.  In Washington, the person filing for a guardianship or conservatorship is called the Petitioner.  The person who is the subject of the guardianship or conservatorship proceeding is called the Respondent or Individual. In Washington, a guardian can be appointed as a full or limited guardian.  

In King County, guardianship and conservatorship proceedings require on-going court oversight.  The process routinely involves filing a petition, appointing a court visitor, having a professional evaluation to assess capacity, court hearing and if appointed, the guardian and/or conservator must complete training, file an oath and may be required to post a bond.  There is also ongoing reporting that is mandated by the court.

Washington law requires courts to consider less restrictive alternatives before appointing a guardian or conservator.  These can include estate planning tools such as a Durable Power of Attorney for Finance, Durable Power of Attorney for Health Care Decisions, Advanced Health Care Directive, representative payee, trusts and limited guardianships.  

We serve on Adult Guardianships and Conservatorships in King County.  We use a professional and thoughtful approach to guide clients through evaluating less restrictive alternatives before pursuing guardianship; preparing and filing petitions; representing guardians and conservators in ongoing court proceedings; advising on guardian and conservator duties and reporting requirements; and modifying or terminating guardianships when circumstances change.  

Schedule a consultation today at 425-296-6271 ext. 101.