A guardianship, governed by RCW 11.88, is a legal mechanism by which one individual or entity (a guardian) is appointed by a court to exercise certain decision making functions on behalf of, and in the place of, an individual that is legally “incapacitated.” When a guardianship is established, the incapacitated person’s legal right to make certain decisions with respect to his or her personal and/or financial affairs is removed and responsibility for making such decisions is placed in the court-appointed guardian. Adapted from: DSHS:Guardianship Basics
In 2009 there were 134 guardianship and probate cases filed in Stevens County, and only 1 went to trial. Source: Washington Courts. The process usually takes 2-4 months, but rare cases can remain in litigation for more than a year. Cost varies accordingly with a “normal” guardianship costing from $1,000 to 3,000. The petitioner is usually a family member, seeking to help an elderly and/or disabled adult by acquiring the necessary legal authority to care for their personal and financial needs, depending on their level of “incapacity” or disability. The process includes a “guardian ad litem” (temporary guardian) who represents the interests of the “alleged incapacitated person” through investigation, report and recommendation to the court.
Sometimes a guardianship is needed in order to help an elderly family member qualify for Medicaid benefits so that nursing home care is affordable. Occassionally a guardianship proceeding also involves a Vulnerable Adult Protection petition.