Acquiring legal guardianship/conservatorship over your adult sibling is often the best way to ensure their health, safety and happiness. However, it typically involves a lengthy legal process as well as several key factors you need to consider.
Becoming a guardian/conservator is a big decision, but the journey will be easier when you know what to expect. Here are some of the most important things you need to know.
The requirements for guardians/conservators and wards
First, you have to determine if your sibling truly needs a guardian/conservator. People are presumed to have capacity to make their own decisions. Generally, a “ward” or someone under guardianship/conservatorship cannot make certain decisions for themselves and therefore needs another person to make those decisions for them.
Usually, people needing guardianship/conservatorship are those with:
- Mental or intellectual disabilities
- Severe mental illness
- Serious injury or illness
- Age-related diseases
On the other hand, you must be 21 years old to qualify as a legal guardian/conservator under Washington law. Additionally, you must not have any criminal convictions involving abuse, dishonesty or neglect.
The process of acquiring guardianship/conservatorship
You will need to file a petition in court, outlining the reasons for seeking guardianship/conservatorship and why you are a suitable candidate. Consider consulting an attorney who specializes in guardianship/conservatorshipe law. An attorney can help you navigate the guardianship process and collect requirements specific to your area.
They can also help you with potential roadblocks that may arise, such as a living yet unsuitable parent disputing your petition.
The duties of a legal guardian/conservator
Once you have guardianship and/or conservatorship over your sibling, your overall duty is to care for them and make decisions that align with their best interests, while taking into consideration their express or historical wishes or preferences. You might be responsible for a number of things, such as taking care of their daily needs, making medical decisions and overseeing their finances, among many others.
With all this information at hand, you now have a better understanding of what you need to do care for your sibling. Ultimately, becoming a guardian/conservator is a serious commitment, but it can provide invaluable support and protection for your loved one.
