Guardianship Of Minor Child

What is a guardianship of a minor child?
Any person, under the age of 18, is considered to be incapacitated because they  are not yet an adult and are in need of supervision. They are unable to make decisions on their own behalf.  If a child is residing with a person other than the child’s legal parents, a guardianship action is available. If appointed guardian by the Court, the person caring for the child would be able to make medical decisions and financial decisions on behalf of the child. The guardian would also be able to enroll the child in school and make other decisions necessary for the child.

When is adoption or custody more appropriate?
Guardianship in Washington state does not confer custody. A parent may ask for the child and the guardian has no legal standing to keep the child. If there is opposition by a parent of the child to the person seeking to be appointed guardian, it may be more prudent to petition the court for non parental custody or adoption.

How can you become a guardian of a minor child?
A non professional guardian must take an online course prior to filing a petition for guardianship and in Spokane County must take an additional course at the Spokane County courthouse prior to being appointed guardian. There is no fee for the online course.  There is a nominal fee for the Spokane County course. A guardian ad litem is a person appointed by the court to determine whether the child needs a guardian and whether the person requesting to become a guardian is an appropriate person for that role. Upon recommendation of the guardian ad litem, the person becomes guardian.

What is the legal process?
A guardianship action is initiated by the person who wishes to become guardian.  A petition is filed with the Court and a guardian ad litem is appointed by the Court to investigate.  The guardian ad litem makes a recommendation to the Court in a report. A guardianship hearing is held within 60 days after the petition is filed and at least 15 days after the guardian ad litem report is filed.  At the hearing the Court signs an order appointing the guardian, and letters of guardianship are issued granting the guardian the authority to make decisions on behalf of the minor child.

Free Consultation:
If you find yourself in a situation where you are caring for a child and need to make decisions on behalf of the child please contact us at 509-462-3678 or 800-338-8273 or via email at mark@adoptionlegalservices.org

Guardian Testimonial 

I am certified to offer professional guardian services in Washington state.  It was difficult to begin a practice.  Attorneys were not interested in representing a professional guardian with one client.  I met Mark Iverson at my first guardianship hearing.  He is now my attorney.  Mr. Iverson meets with me on a monthly basis and reviews my cases with me.  He answers any questions I have and does not charge me for the meeting.  I am able to call him anytime to discuss my clients and emerging issues. I take medicaid and private pay cases. 

It is important for professional guardians to have an attorney.  My case load is growing and I feel confident that I am able to represent my clients effectively.  I owe a lot of my success to Mark Iverson and his staff.  I  highly recommend Mr. Iverson to any new, or already practicing professional guardian.