Your Guardianship Attorney Vancouver WA

Guardianship of Incapacitated Adult

Because of minority or incapacity, certain individuals are not able to handle their own affairs. The individual appointed to manage those affairs is referred to as the guardian. Kathleen McCann can provide legal services to those asking for guardianship of incapacitated persons or minors

Ms. McCann has a depth of experience in guardianship law. She represents petitioners for guardianship of minor children under Washington State’s new minor guardianship law, a petition seeking a custody order.

She represents care facilities, adult foster homes and persons seeking guardianship of disabled adult children or family members seeking guardianship of family members who are no longer able to make good decisions for themselves. She represents a number of certified professional guardians in Clark County, Washington. Her working relationships with Clark County guardianship professionals are an asset in each case.

Ms. McCann has represented persons in all aspects of guardianship including:

  • Petitioners for Guardianship of an incapacitated adult child
  • Petitioners for Guardianship of a minor child where there is no fit parent (a custody order)
  • Petitioners for Guardianship an incapacitated adult with dementia or cognitive incapacity such as Alzheimer’s, Developmental Delay, Downs Syndrome, and Autism.
  • Lay Guardians or Professional Guardians
  • Guardians making court ordered reports
  • Transferring Guardianship from or to another state

Guardianship of a Minor

Read the new Washington State Minor Guardianship Law.

Guardianship of a minor (under 18) is a legal option that differs in many respects from guardianship of a disabled adult. 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. The court must review periodic reports and accountings that the guardian is required to file.

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