Guardianship &
Conservatorship

Your Guide for When a Loved One Needs Help

Ever worried about what happens if a parent or family member can't make their own decisions anymore? It's a heavy topic, and in Washington, the legal path can seem overwhelming. At Cornerstone Legal, we believe understanding your options shouldn't be another source of stress. We help Washington families navigate this process with clear, straightforward advice.

 

Guardianship vs. Power of Attorney: The Key Difference

This is the most important distinction to understand.

• Power of Attorney (POA): This is a proactive step. It's a voluntary legal document where an adult, while still able to make their own decisions, designates someone to act on their behalf. Think of it as a pre-planned backup for your finances or healthcare. A POA can often prevent the need for guardianship later on. 

  • Read More About POAs Here

• Guardianship: This is a court-ordered solution when a POA isn't in place and a person has lost the capacity to make their own decisions. The court, not the individual, selects the guardian to protect them.

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Understanding the Roles in a Guardianship Case

The process isn't just a simple court hearing. Several professionals or certified volunteers are involved to ensure your loved one's rights are protected.

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The Role of a Guardian ad Litem (GAL)

When a guardianship is petitioned, the court appoints a Guardian ad Litem (GAL) to act as an independent investigator. Their job is to look at the situation from all angles.

• They interview the person in question, as well as family members and doctors.

• They review medical and financial records.

• They report their findings to the court with a recommendation on what's truly needed.

The GAL helps ensure that guardianship is a last resort, used only when no other less restrictive options are available.

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Certified Professional Guardians (CPGs)

Sometimes, family members can't serve as a guardian due to conflict, complexity, or simply a lack of time. That's when a Certified Professional Guardian (CPG) can step in. These are licensed, trained professionals regulated by the Washington State Supreme Court.

• They're neutral and can help avoid family disputes.

• They're experts in handling complex estates and financial matters.

• They're accountable and have to meet strict standards for licensing and education.

 

Special Needs Planning & Guardianship for Adults at 18

For parents of a child with special needs, guardianship takes on a unique importance. When a child with disabilities turns 18, they are legally considered an adult. If they can't make independent decisions, parents must petition the court for guardianship to ensure they can continue to make, or assist to make, those critical decisions about their child's healthcare and general well-being.

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Conservatorship: It's All About the Money

In Washington, a conservatorship is the financial equivalent of guardianship. A conservator is appointed by the court to specifically manage the financial assets of an individual.

• They manage bank accounts, investments, and other assets.

• They pay bills, taxes, and debts.

• Their primary duty is to protect the person’s assets from fraud or exploitation.

A person may need both a guardian for personal care and a conservator for financial matters, depending on their needs. Some families find it convenient, or necessary, to have a separate person appointed as the conservator compared to the guardian.