Adult Guardianships and Conservatorships
Helping Washington Families Establish Adult Guardianships or Conservatorships to Protect Their Loved Ones
Let us guide you through this process
Guardianship and conservatorship matters can be deeply personal and somewhat challenging to navigate, so it’s worth enlisting the support of an experienced and compassionate Spokane estate planning and guardianship attorney to guide you and your family through this process.
Attorney Kristina Mattson practices in Spokane County and other counties throughout Eastern Washington. She and her dedicated legal team are ready to help you with any and all facets of guardianship and conservatorship. 
Understanding Adult Guardianships and Conservatorships in Eastern Washington State
Washington State recognizes that some vulnerable individuals may need a decision-maker to protect their best interests. For example, the parents of an adult child with special needs may want to establish a guardianship to ensure that their child will be cared for and supported once the parents pass away or become unable to care for their child.
The adult child of an aging parent may also decide to create a guardianship to ensure that their elderly loved one is well-cared for and that financial decisions are handled by a conservator.
Essentially, creating a guardianship or conservatorship is a way for a qualified and court-monitored individual to make decisions on behalf of the protected person that is in their best interest.
How to Establish an Adult Guardianship or Conservatorship in Washington
A family member, friend, or entity (like Washington State or a hospital) may file an action in the County Court where the Respondent, the person who may need guardianship or conservatorship, resides. This action serves as a formal request that the court appoint a named person as the full or limited guardian over the person (to manage health and life decisions) and/or as the conservator of the estate (to manage financial decisions).
Once filed, the court will appoint an investigator, called a Court Visitor, to meet with the Respondent, talk with people interested in the Respondent’s well-being, and talk with and present an objective recommendation in a report to the court. The Respondent has the right to object to the petition, set the matter for trial, and to be represented by counsel.
Most guardianship/conservatorship cases are resolved by an agreed order at a hearing when a guardian or conservator is appointed.
The Differences Between Guardianship/Conservatorship and Power of Attorney Documents
Washington law favors Durable Power of Attorney (“DPOA”) documents for health and finances as a less restrictive alternative to guardianship or conservatorship.
In DPOA documents, the principal, or person signing the document, designates the person, or “Attorney-in-Fact” that can make decisions on behalf of the principal if they are unable to make decisions for themselves. An Attorney-in-Fact must always consider the capacity of the principal and work together to protect the principal’s best interest.
A DPOA is a contract and a person must have sufficient mental capacity to sign the document. Guardianship or conservatorship may be appropriate when a person does not have sufficient mental capacity to understand and sign DPOAs, or where the DPOA is not working to sufficiently protect the principal, or if the document is revoked by the principal.
Learn More About Guardianship and Conservatorship Today
A person may become involved in the guardianship and conservatorship process as a petitioner, a proposed guardian or conservator, or as a Respondent.
The court process can include drafting and presenting documents to a judge for approval, including the petition for guardianship/conservatorship, contesting a petition, transfer of guardianship/conservatorship from another state, filing periodic guardianship reports, and the sale of the incapacitated person’s house or other real property.
If you are interested in learning more about how guardianship or conservatorship may help you protect your loved ones, discuss your goals with a dedicated and empathetic Spokane guardianship attorney today.
Reach out to Kristina Mattson Law to discuss whether guardianship or conservatorship is appropriate for a vulnerable adult in your life.
Protect Your Legacy Today By Calling a Trusted Spokane Estate Planning Attorney
It’s never too soon to start planning for the future. Kristina Mattson Law can work with you to design and implement the estate plan that best fits you and your family’s needs. We encourage you to call our Spokane office today to get started with a caring and highly qualified Eastern Washington estate planning lawyer.