Posted On January 12, 2021 Family Law
A guardian is a person who has been appointed by a Washington court to have the legal authority to consent on behalf of a minor or of an adult person who has been legally determined to be incapacitated. However, parents still maintain their parental rights. The way this happens in Washington state is through a process called guardianship.
Guardianship, custody, and adoption are all legal arrangements for the care of children. The court will make the decision on each one when, for some reason, a child’s parents cannot care for them. There can be some confusion surrounding these terms, so here are the differences between them:
The main difference is that guardianship focuses more on finding help for those who are not physically or mentally capable of taking care of themselves. Whereas, custody and adoption arrangements focus on the parent-child relationship.
A guardian of a minor, who is typically not their own, is responsible for providing them with proper care for their health and safety, including food, clothing, shelter, and more. Important personal decisions are also made on their behalf. For example, regarding issues related to education, finance, health care, etc. A court-appointed guardian has the same rights, powers and duties that a parent has toward an unemancipated minor child.
Alternatively, a guardianship can provide a child’s parent the right to oversee a child or their estate. This typically occurs in cases involving serious medical needs or financial assets. When a guardian is managing a child’s estate, they are required to safeguard the funds until the child’s 18th birthday.
There are a number of reasons why a guardianship will end or may no longer be needed, including:
Most often, guardianships are not given a time limit and only end once one of the above events occurs.
If you have additional questions or concerns about guardianship in Washington, contact the experienced family law attorneys at Twyford Law Office. We offer free consultations, call (509) 327-0777 to schedule an appointment.