Guardianship

Establishing Legal Guardianship

Washington State Probate and Family Law Lawyer

If an adult or vulnerable child in your family requires legal intervention because of incapacity, Jennifer C. Rydberg, Attorney at Law can capably handle legal guardianship proceedings. Based in Kent, Washington, she represents clients in the Seattle area and throughout King County.

Ms. Rydberg practices both probate law and family law, and has nearly 30 years of experience. She can respond quickly in emergency situations to help a family arrange to manage the affairs of an incapacitated loved one. Contact her today at 425-235-5535 to discuss your situation and legal options.

Avoiding Guardianship Disputes

Guardianship proceedings are time-consuming, expensive, and can create hard feelings among family members with differing opinions about a loved one's care. The process can be avoided by anticipating these concerns through a power of attorney, living trust, special needs trust or will. Testamentary trusts can avoid the expense and court oversight of a guardianship for a minor child’s inheritance and can extend the trust management beyond the age of 18.

Establishing Legal Guardianship

When no will exists, or unanticipated circumstances arise, Ms. Rydberg is experienced in all aspects of guardianship proceedings. A guardianship may be required for:

• A child named the beneficiary of a litigation settlement
• Adults who can no longer take care of themselves and do not have a power of attorney
• Minor children who have lost a parent
• Minor children who receive an inheritance outside of a testamentary trust

Guardianship may be limited only to personal affairs or health care decisions, or it may be a full guardianship in which the legal guardian oversees every aspect of the person's life -- where they will live, medical care, and management of income and assets.

Any concerned person can initiate a guardianship proceeding. A doctor must certify that an adult is incompetent to manage his or her own affairs (waived for children under 18). All family members are notified, and the subject of the proceedings is appointed a guardian ad litem to ensure his or her interests are protected.

Within 60 days, a hearing is held to determine if the person is incapacitated in the eyes of the court. A trial is held if (a) the person disputes his or her own incompetence, or (b) family members dispute who should be appointed guardian. Once designated, the guardian is responsible for a financial accounting of the estate and the purchase of insurance bonds to protect the incapacitated person's assets and income. Ms. Rydberg advises guardians of their duties and reporting obligations.

For more information about legal guardianship, or for swift action in a sensitive family situation, contact Jennifer C. Rydberg today at 425-235-5535 to arrange an appointment.