LEGAL STATE OF MIND

ADULT GUARDIANSHIP // SKAGIT AND WHATCOM COUNTY

Guardianship is the process in which the court will consider appointing an individual to manage an incapacitated individuals financial and/or personal care. An adult would be one over the age eighteen and often because of injury, disability or disease is unable to mange their affairs on their own.

HOW MUCH WILL GUARDIANSHIP COST?

When possible I would offer a flat rate of $1,500. If the matter is going to be contested by the person that you are seeking guardianship over the cost may be higher. If the individual you are seeking guardianship over has assets under $3,000 the court will waive the cost of appointment of a court visitor, as well as the filing fee.

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WHAT DOES THE GUARDIANSHIP PROCESS INVOLVE?

  1. Our firm will present a Petition asking that the Guardianship be put in place. Often we are seeking a Guardianship over the person for both financial and personal care, but those items could be separated out.
  2. If the Court approves the Petition and reasons they will appoint someone called a Court Visitor to meet with the person who is alleged to not be able to care for themself, as well as obtain medical reports and/or request a professional evaluation.                                                                                                    
  3. Proper notice of these steps are to be given to the person who is alleged to be incapacitated. The person who is seeking to be guardian will need to complete some steps before a determination is made.                                                                          
  4. If the Court Visitor approves of the request we move forward with a hearing seeking an Order for the appointment of a Guardian over the individual.
  5. After the Court approves the appointment there are some initial reports that will need to be filed and notice requirements. We assist with all steps up to this point for the flat rate indicated, but we are certainly willing to continue to assist as needed.
  6. Generally, after one year from the appointment there will have to be an additional report that will need to be completed. It is possible that the reports can be moved to a triannual basis moving forward, but there will be some continued checking in with the court so as to monitor the situation.

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