What is Guardianship?
Guardianship
A guardian offers assistance based on the individual’s capacities and expressed wishes, while ensuring that the individual has the opportunity to express preferences and have them honored to the extent possible.
A guardian will consistently promote self-reliance and independent decision-making to the maximum extent of the individual’s abilities in all decisions pertaining to the individual. The Court only appoints a guardian after there has been an independent review of the need for guardianship. To promote best practices, the need for continued guardianship should be reviewed annually at planning meetings with the team or other appropriate party including the guardian.
Conservatorship
A conservatorship is a legal arrangement where a court appoints a responsible person (the conservator) to manage the personal and/or financial affairs of another adult (the conservatee) who is deemed unable to do so themselves. This often happens due to reasons such as physical injury, advanced age, mental illness, or other conditions, which can lead to the loss of civil rights for the conservatee, such as the right to make decisions about their home or medical care. The court oversees the conservator's actions, and the specific type of conservatorship (e.g., for personal care or for financial matters) varies by state.
Alternatives to Guardianship
Representative or substitute payee-A representative payee account is a financial account where a designated person or organization manages and disburses government benefits, such as Social Security or SSI, for a beneficiary who is unable to do so themselves. The payee is responsible for using the funds for the beneficiary's current needs and must keep detailed records and report to the Social Security Administration (SSA) when requested.
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Trusts-A trust account is a bank account held by a trustee who manages funds for the benefit of a third party, called the beneficiary, according to the terms of a legal trust document. It is used for managing assets, estate planning, and can include a variety of assets like cash, stocks, or bonds. The trustee is legally obligated to manage the assets in the beneficiary's best interest and according to the grantor's instructions.
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Durable powers of attorney-A durable power of attorney (DPOA) is a legal document that allows you to appoint a trusted person to act on your behalf in financial, legal, or healthcare matters. The "durable" aspect means the document remains valid even if you become incapacitated, such as through a stroke or coma, and it stays in effect until your death or revocation. This is different from a standard power of attorney, which typically becomes void upon your incapacitation.
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Living wills-A living will is a legal document that details your preferences for medical treatment if you become unable to make decisions for yourself, providing guidance to doctors and family. It specifies which treatments you do or do not want to receive, such as life support, and can also include instructions for pain management and organ donation. Living wills are a key part of an advance directive and can help your loved ones avoid difficult choices during a stressful time.
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Supported decision-making networks-In Washington state, Supported Decision-Making (SDM) is a legally recognized alternative to guardianship that allows adults with disabilities to maintain their rights and make their own life decisions with the help of trusted supporters. Washington's SDM law was passed as part of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, effective January 1, 2021.