Your Guardianship Attorney Vancouver WA

Guardianship of Incapacitated AdultWho needs Guardianship? Because of minority or incapacity, certain individuals are not able to handle their own affairs. The individual appointed by a court to manage those affairs is called a guardian. Kathleen McCann can provide legal services to those asking for someone to be appointed guardian for an incapacitated person.

Ms. McCann has a depth of experience in guardianship law. She has represented petitioner’s for guardianship in uncontested and contested cases, in mediation and in trial. She has served as a guardian ad litem and as an attorney for petitioner’s, alleged incapacitated persons in hundreds of cases over the past two decades. She has represented professional and lay guardians. Her working relationships with Clark County guardianship professionals and with the Superior Court are an asset to each case.

Kathleen McCann has represented persons in all aspects of guardianship including:

  • Guardian petitioners of an incapacitated person or disabled adult child
  • Guardian petitioners of a minor child
  • Guardian petitioners an incapacitated adult with dementia, cognitive incapacity, Alzheimer’s, developmental delay, Down Syndrome, or autism.
  • Representation of Lay Guardians or Professional Guardians
  • As a Guardian ad litem in investigation, reporting and recommendation to the court

Guardianship of a Minor

Guardianship of a minor (under 18) is a legal option that differs in many respects from guardianship of an adult disabled adult child who has turned 18 or of a person incapacitated by disability or dementia.  Judges will want to insure that the impact and effect of a guardianship of the minor on parental rights are considered along with the suitability of other alternatives.

A minor (under 18) is “legally incapacitated” only because they are not yet adults and can’t make legally binding decisions for themselves. Except for the privilege to drive, minors do not have the rights adults have.  Normally, parents have decision making authority over their minor children and, if there is a dissolution of marriage, decision-making is allocated between the parents in the parenting plan.

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Guardianship of an Incapacitated Person

The responsibility of caring for a person who is not capable of caring for him or herself, and protecting their assets for their benefit, is a very important role.

In Washington, anyone can file a petition for guardianship of someone who appears to be incapacitated.  Relatives, caregivers, and health care providers are often petitioners.

The petitioner can ask to be appointed guardian or can propose that someone else be appointed guardian.

The process can be completed in 60 days but can take longer.

It is the responsibility of the Superior Court to oversee all guardianships and to make certain that they are functioning in the best interests of an incapacitated person. An incapacitated person is one who has had a guardian appointed. This person is also often referred to as a ward.   The court must review periodic reports and accountings that the guardian is required to file.

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