Your Guardianship Attorney Vancouver WA
Because of minority or incapacity, specific individuals cannot 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 can no longer make good decisions for themselves. She represents 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 adult
- Petitioners for Guardianship of a minor child where there is no fit parent (a custody order)
- Petitioners for Guardianship are incapacitated adults with dementia or cognitive incapacity such as Alzheimer’s, Developmental Delay, Down 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 significantly from guardianship of a disabled adult. Judges will want to ensure 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. Usually, parents have decision-making authority over their minor children, and if the marriage is dissolved, decision-making is allocated between the parents in the parenting plan.
Guardianship of an Incapacitated Adult
Caring for a person incapable 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 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 ensure that they function in the best interests of an incapacitated person. The court must review periodic reports and accountings that the guardian must file.