When Washington state residents reach the age of 18, they can begin to make independent decisions about their health, life, and finances. However, there are some individuals who may need help with these tasks to ensure that their best interests are protected at every opportunity. For instance, adults with developmental challenges or mental health needs may need a trusted individual to look out for their well-being. To accomplish this goal, a family member, friend, or state entity (such as a hospital) can file an action in the county court to appoint a full or limited guardian to manage their healthcare and life-related decisions. If the court approves the request and establishes a guardianship, the guardian assumes several essential responsibilities and is entrusted to make decisions that serve the best interests of the ward (the person under the guardian’s care).
One of the most important roles of the guardian is advocating for the individual’s best interests within healthcare and hospital settings. Whether you are serving as someone’s guardian in the greater Spokane area or you are interested in learning more about guardianships in Washington state, discussing your concerns with a highly qualified and empathetic guardianship attorney is the best way to make informed decisions with greater confidence. This post will explore how guardianships work in Washington and how guardians can use communication strategies to advocate for their wards’ best interests within a hospital setting.
Understanding Guardianship in Washington State
Washington courts recognize that there are times when an individual may be unable to make sound decisions regarding their finances or health. Guardianships are designed to protect vulnerable individuals and ensure that their best interests remain safeguarded as much as possible. Pursuant to RCW 11.130.265 (1), a court may appoint a guardian for an adult if there is “clear and convincing evidence” that the individual “lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making,” and the appointment is necessary to “prevent significant risk of harm to the adult respondent,” and the individual’s “needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative.” In other words, guardianship becomes the best and only option if no other alternatives are available or sufficient to protect the vulnerable adult’s best interests. Once the court appoints a guardian, it’s up to this trusted individual to act according to their ward’s best interests with the integrity and professionalism required of this vital role. Guardians are subject to court oversight, which means that they can be removed at any time if the court finds that they are not fulfilling the requirements of their role or if they are putting their own interests ahead of the person entrusted to their care. If you have any questions about guardianship in Washington, enlisting the guidance of a knowledgeable Spokane guardianship lawyer is a great place to start.
Guardianship Advocacy in a Healthcare Setting
One of the primary responsibilities of a guardian is to advocate for their ward’s best interests in hospital settings. Guardians are entrusted to oversee the physical and mental health of those entrusted to their care, which means that the court may grant them the right to access the patient’s medical records and communicate with healthcare providers on behalf of the patient. The scope of the guardianship is tailored to suit the specific needs and considerations of the protected individual and their guardian, so the court may determine that the guardian will serve in either a limited or full capacity. A limited guardianship may only pertain to a narrow set of decisions regarding the ward’s best interests (i.e., specific decisions about their healthcare or mental health treatments), while a full guardianship transfers authority for all significant decisions to the court-appointed guardian. As someone’s appointed guardian, you may find yourself struggling to communicate effectively with hospitals or medical professionals. Let’s take a look at some tips you can use to make your voice heard in medical settings to ensure that the person entrusted to your care obtains the treatments and services they need.
Preparing for Effective Communication in a Hospital Setting
As a court-appointed guardian, it’s essential that you inform the hospital or medical office of your role and commitment to advocate on behalf of the person in your care. Accompanying the patient to their appointments and notifying every healthcare professional (from the front desk clerk to the nurses and doctors) of your role is key to ensuring that any care-related decisions are communicated clearly to you. You can also work with the person entrusted to your care to remind them of your role as their dedicated legal advocate, reminding them that you are looking out for what’s best for them at all times.
Encouraging Effective Communication Among Healthcare Professionals
When it comes to physical and mental health, it’s common for one patient to interact with a wide variety of healthcare professionals, even for one concern (i.e., managing a heart condition, diagnosing and medicating a psychological disorder, etc.). With so many doctors, therapists, and other medical professionals involved in one patient’s case, clear and effective communication is essential to maintain and reduce the potential for misdiagnosis, gaps in medical care, or prescription issues. Court-appointed guardians can seek support from patient advocates, family members of the person in their care, and legal counsel whenever questions or concerns arise. Communication in hospitals is not always effective or productive, and patients and guardians alike may find themselves struggling to access the services or treatment they need. However, you do not have to navigate these complex decisions on your own.
If you have questions about guardianship or you want to learn more about your roles and responsibilities as a guardian in the greater Spokane, Washington area, call Kristina Mattson Law today at (509) 998-6629 to speak with an experienced and caring estate planning and guardianship attorney.
