![]() ![]() Consider working with an attorney who can help you meet deadlines and remove some personal responsibility from you. Guardians can be held personally responsible for not fulfilling required duties and can be held in contempt of court for failing to appear at a hearing or not submitting required reports. Please note that being appointed guardian is serious business. The clerk can also assist you in scheduling your guardianship case. Often courts have forms specific to that county, which won’t be included in this guide. A clerk will help you obtain copies of any local forms. If you choose to not consult an attorney, be sure to speak with the clerk of the court. An attorney can also reinforce what you’ll need to do in order to maintain the guardianship, so it doesn’t lapse. We know you can be successful on your own, but the advice of an expert may save you time at court and give you confidence that everything is in order. This post is not a substitute for legal advice and if you represent yourself we can’t guarantee a positive outcome.Īlthough we believe this guide to be thorough, new rules and regulations can change the legal landscape, so a face-to-face meeting with a lawyer can ensure you’re getting the most up to date legal information. Sometimes going solo can lead to delays in the process if a step is missed or paperwork is improperly filled out. If you can afford an attorney, we recommend that you schedule time to at least review your petition prior to filing with the court. Also, a person with specials needs has to have the mental capacity to understand the power of attorney, which often is not the case. Some people find that a power of attorney is an acceptable alternative to guardianship, but there are risks with this since a person can transfer power of attorney at anytime. The reason I say invasive is that guardianship, requires court dates, lots of paperwork and annual reports to maintain the guardianship. This question is always situational, so what you want to evaluate is whether there are any less invasive options that would still help you protect your loved one. Deciding if guardianship is the best option Whether filing for an elderly grandparent or a son with Downs Syndrome, the principles and steps will be the same. Originally this guide was designed to help special needs parents file for guardianship of their children who were turning 18, but it can be used by all individuals filing for guardianship in Washington. What do I do if the court schedules a hearing?.What are general rules for filling out the forms?.The Paperwork – Preparing the Documents & Filing Are there risks with self-representation?ī.Deciding if guardianship is the best option.This post is designed to make the process as easy to understand as possible. Although, if you can’t afford legal fees or you’re just a do it yourselfer with the time to learn, you can file for guardianship on your own. Keep in mind the process is complicated, so advice from an expert can only help you. Yes, it is possible to become a guardian without an attorney. She doesn’t have a lot of extra money for legal services, so she asked if she can file for guardianship in Washington State without an attorney? After completing the divorce she plans to file for guardianship of her 22-year-old son. If you are not sure what form you need, start with the Packet and download each form in the packet as you need it.This past week I prepared pro se divorce forms for the mother of an adult with special needs. Packets include form instructions and all individual forms. Download court forms:įorms on the Courts website are organized in "packets" and by individual forms. You may need to speak to a lawyer to figure out which forms you need. See the Conservatorship & Guardianship Manual (English only) for information. The Courts do not publish form instructions for every form. The Minnesota Courts have forms and information (English only) about guardianship. People who can’t take care of their own needs for medical care, nutrition, clothing, shelter, or safety are also subject to guardianship. ![]()
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