Yakima Guardianship/Conservatorship Lawyer
Under Washington State law, there are some people who do not have the full authority to act and make decisions with regards to their affairs. They lack legal capacity because of a disability or being a minor under age 18. However, these individuals still have rights and interests to protect. Guardianship and conservatorship laws offer a solution that enables someone to step into the shoes of a person without capacity. Through a court process, the judge will appoint a guardian or conservator for this purpose.
The job of a guardian or conservator is demanding, requiring knowledge of the statutes and court rules. Our attorneys at Moulton Law Offices have the skills and experience to assist with the process, and we also represent other interested parties. We are ready to support you with the proceedings, so please contact us to learn more. We can schedule a consultation with a Yakima guardianship/conservatorship lawyer, and you can review some basics.
Understanding Guardian and Conservator Cases
A guardian is someone appointed by the court to make decisions about health, safety, and well-being for someone who is incapacitated. A conservator is appointed by the court to manage money and property for the incapacitated individual. Additional points include:
- The court may appoint one person to act as both guardian and conservator.
- Guardians and conservators have a fiduciary duty to act and make decisions in the best interests of the incapacitated person, as well as other specific duties that may be ordered by the court.
- Periodically, guardians must report to the court about the individual’s well-being, medical conditions, and any changes.
- A conservator must file a report regarding income, expenditures, and other aspects of managing money and property.
- The person who allegedly lacks capacity can contest guardianship or conservatorship.
Legal Help with the Process
To begin a guardian or conservator case, a family member or other interested party files a petition with the court. The petitioner will state facts about how the incapacitated individual, the respondent, cannot provide for their own needs. The petition must also include reasons why a guardian, conservator, or both should be appointed to prevent harm.
Moulton Law Offices will handle preparation of the petition, after consulting with you about your situation, the needs of the respondent, and other important facts. You can trust a Washington guardianship / conservatorship attorney to take care of other essential tasks, including:
- Gathering evidence to support the petition;
- Coordinating as necessary with professionals who evaluate the respondent to determine capacity;
- Working with the court visitor, who reports to the court and make recommendations;
- Attending the hearing for appointment; and,
- Assisting with ongoing tasks after appointment.
Call Now to Speak to a Yakima Guardianship/Conservatorship Lawyer
Hopefully, this overview helps you understand the basics about guardianship and conservatorship cases. You will still need legal assistance if you are an interested party, so please contact the Yakima guardianship/conservatorship lawyers at Moulton Law Offices to learn how we can help. After learning more about your situation, we can offer advice.