What does it mean to be a guardian in Washington state?
Being a guardian means the court has appointed you to make decisions and act for someone else, either a minor or an adult who is incapacitated in some way.
Guardianship of a child
As the guardian of a child or minor, you are responsible for their care and protection. The state expects you to act in your ward’s best interests with reasonable care, diligence, and prudence at all times. You must manage all of the following:
- Residence. In most cases, guardians live with their wards, but not always. You must ensure your ward has a safe, stable home.
- Healthcare. As a guardian, you are expected to make medical decisions and ensure your ward receives appropriate medical care when needed, including regular check-ups.
- Education. You are responsible for enrolling your ward in school, making decisions about their education, ensuring they can get school supplies, and taking an active role in related matters such as parent-teacher conferences.
- Finances. Depending on the situation, you may be responsible for managing your ward’s assets or income. If you are, you will likely need to set up a separate bank account for the child and keep records of all financial transactions.
- Family relationships. In most cases, you are expected to support your ward’s relationships with their family members, including their parents if they have visitation rights.
You are also expected to provide regular reports on your care decisions and ward’s wellbeing to the court. In Washington state, these reports must typically be done annually and mention any significant changes in their circumstances.
Being a guardian does not have all of the same legal implications as adoption. The child is not legally considered a member of your family, which means they don’t have the same inheritance rights as biological children unless you make provisions in your will. Depending on the situation, the child’s legal parents may still have some rights and responsibilities, like the right to visitation, the right to terminate the guardianship, or the responsibility to provide financial support.
Guardianship of an adult
If you are the guardian of an adult, you have been appointed by a court to help the adult make decisions about their health, safety, and self-care, including their residence. You must make decisions that are good for the adult. Under Washington State law, you are also expected to protect your ward’s liberty and autonomy to the fullest extent possible based on their capacity.
As with guardianship of a minor, the court expects you to file regular plans and reports. There must be a legal record that shows how you’re doing your job.
However, there are some limits on what decisions you can make. You cannot place the adult in your care in a nursing home against their will, and you can’t commit the adult to a psychiatric hospital or consent to treatments involving restraint or electric shock without a court order.
A guardian has more responsibilities than a conservator or someone appointed to a protective arrangement. Conservators make decisions about someone’s money and property, but not other matters unless they are also a guardian. In a protective arrangement, the court appoints someone to help with certain tasks such as approving medical treatment or limiting visits from people who could harm the help recipient, but there are more limits to the arrangement.
Have Questions About Legal Guardianship?
The Anderson Hunter Law Firm has been representing individuals and organizations in the Snohomish County area for over 100 years. If you have questions about your legal rights and responsibilities as a guardian or want to make arrangements for someone who is dependent on you in the event of your death, such as a will or trust, contact us today.