If you have a loved one, friend, or family member who cannot take care of themselves, guardianship may be an appropriate remedy. Guardianship refers to the process of petitioning the court to appoint a legal guardian who can act on behalf of an incapacitated person. For help and legal representation in guardianship matters contact us online to schedule a free consultation with a skilled Clark County guardianship lawyer at Cohen Family Law, LLC.
Why Choose Our Clark County Guardianship Attorneys?
We know that every guardianship case is different and will apply our more than 25 years of combined experience to resolving this important matter.
You can count on us to aggressively fight for your family’s best interests.
We make it a point to remain available to our clients and provide peace of mind by staying in constant communication about the case.
When Should Guardianship Should Be Established?
Guardianship is necessary when a person’s behavior, impaired judgment, or dependence poses a significant risk to themselves or others. For example, an individual may need a guardian in the following instances:
Minor Children: If a child under 18 loses their parents, they will need help with financial decisions and life choices related to education, medical care, etc.
Mental Incapacitation: When an individual loses the ability to think clearly and make sound decisions, a guardian must be appointed to make decisions in their place. For example, due to mental illness or debilitating diseases such as Alzheimer’s.
Physical Incapacitation: If someone cannot make decisions about their healthcare, living situation, or other matters due to an injury or illness, they will need the proxy to make decisions. For instance, an individual in a coma or someone who has had a severe stroke or suffered a brain injury.
Types of Guardianship
There are two types of guardianships, full guardianship, and limited guardianship.
Full Guardianship: The guardian has the authority to make all decisions, including:
Where you live;
Authorizing medical treatment;
Financial matters; and,
Educational and vocational issues.
Limited Guardianship: The guardian can only make the decisions that you are unable to make. For instance, they can arrange for medical treatment but cannot decide where you live. The court favors limited guardianship over full guardianship.
Who Can Be Appointed as a Guardian?
Anyone over the age of 18 who is of sound mind and does not have a criminal record can be a guardian. However, the court’s first choice is a close family member, such as a spouse or domestic partner, parent, or adult child. If there are no suitable immediate family members available, other relatives and friends will be considered. If that is not an option, the last resort is a neutral guardianship attorney specially trained to handle these types of matters.
Getting Help From a Guardianship Lawyer
If you live in Washington and have questions related to guardianship or would like to pursue a case, contact Cohen Family Law, LLC. Our highly experienced Clark county guardianship attorney can discuss your options in a free consultation. Call (360) 953-5000 or send us a message online today.