Guardianship, Conservatorship or POA

[AshleyGamez]

Jurisdiction

Washington

To whom it may concern:

I am hoping to find some clarity regarding the process of appointing a Guardianship/Conservatorship and how it would affect an already-in-place medical and financial Power of Attorney. Anita is a 67-year-old woman with a mixed diagnosis of Alzheimer's and Vascular Dementia who lives with her platonic friend (Fredrick), in his home, for the last 5 years. Anita's family is so very supportive of Fredrick as he has taken the initiative to provide Anita with the best care that is within his capabilities. He currently holds a medical/financial POA, however, the family is considering appointing a Guardian and/or Conservator. From what I understand, there is an extensive investigative process that determines eligibility, as well as continued reporting to the courts once in effect, but how involved are the courts continuing forward? If a Power of Attorney is already in place, why would a Guardianship or Conservatorship be a benefit and in what situations? If a Guardian and/or Conservator is appointed, would a Power of Attorney still be necessary, or will it be cancelled?


Thank you in advance for the information!

*Names have been changed to preserve privacy

 

[Zigner]

Generally, if Anita lacks capacity, then the POA is no longer effective (there are exceptions that depend on the nature of the POA document).

You should review the following: https://www.courts.wa.gov/guardianp... Law RCW 11.130 effective January 1, 2022.pdf

 

[adjusterjack]

how involved are the courts continuing forward?

The courts are likely to just accept the reports and keep hands off unless a problem arises or somebody challenges something.

If a Power of Attorney is already in place, why would a Guardianship or Conservatorship be a benefit and in what situations?

That's easy. Greed. The family is concerned about getting Anita's assets when she dies and doesn't want Frederick to get any.

If a Guardian and/or Conservator is appointed, would a Power of Attorney still be necessary, or will it be cancelled?

The first thing a G/C is likely to do is revoke the POA so that Frederick no longer has any authority.

 

[Zigner]

The first thing a G/C is likely to do is revoke the POA so that Frederick no longer has any authority.

If it's a "standard" POA, and if Anita is legally incompetent, then Frederick no longer has any authority now.

 

[adjusterjack]

You know that and I know that.

Does Frederick know that?

 

[zddoodah]

Anita is a 67-year-old woman with a mixed diagnosis of Alzheimer's and Vascular Dementia who lives with her platonic friend (Fredrick), in his home, for the last 5 years. . . . He currently holds a medical/financial POA

What is your connection to this situation?

the family is considering appointing a Guardian and/or Conservator.

I'm not sure what "the family" means, but no family member (either acting alone or in concert) can appoint a guardian/conservator. Only a judge can do that.

From what I understand, there is an extensive investigative process that determines eligibility, as well as continued reporting to the courts once in effect, but how involved are the courts continuing forward? If a Power of Attorney is already in place, why would a Guardianship or Conservatorship be a benefit and in what situations? If a Guardian and/or Conservator is appointed, would a Power of Attorney still be necessary, or will it be cancelled?

Answering these questions in the abstract would be of no value. The family member(s) who want to seek a guardianship/conservatorship should consult with a local attorney for a thorough review of the situation and advice. Among other things, a lot will depend on why the family member(s) want to put a guardian/conservator in place, whether it will relate only to the person only to the estate or both, and a lot of other facts unique to the situation.

 

[AshleyGamez]

What is your connection to this situation?

I am actually not connected to the situation, I am an outside party with no interest.

I'm not sure what "the family" means, but no family member (either acting alone or in concert) can appoint a guardian/conservator. Only a judge can do that.

"The family" of Anita is concerned about her recent mental decline and think it might be wise to pursue the appointment of a Guardian/ Conservator since their family member is unable to make her own day-to-day choices.

Answering these questions in the abstract would be of no value. The family member(s) who want to seek a guardianship/conservatorship should consult with a local attorney for a thorough review of the situation and advice. Among other things, a lot will depend on why the family member(s) want to put a guardian/conservator in place, whether it will relate only to the person only to the estate or both, and a lot of other facts unique to the situation.

Answering these questions in the abstract can still provide insight. There is no estate to really consider and the elder is facing potential uprooting and placement. All involved are curious about next steps and do not wish to reach out to a lawyer quite yet.

Thanks everyone for your input, it was valuable.

 

[zddoodah]

"The family" of Anita is concerned about her recent mental decline and think it might be wise to pursue the appointment of a Guardian/ Conservator since their family member is unable to make her own day-to-day choices.

Then they should consult with a local attorney who handles elder law matters.

Answering these questions in the abstract can still provide insight.

Are you intending to relay the responses you receive here to the family members? Did they ask you to poke around for this? In any event:

From what I understand, there is an extensive investigative process that determines eligibility

To the best of my knowledge, no Washington attorneys follow these boards. In the states about which I have knowledge no such process exists, unless there is a dispute.

as well as continued reporting to the courts once in effect

That's common.

how involved are the courts continuing forward?

Depends on the facts and circumstances, the applicable law, and local custom/practice.

If a Power of Attorney is already in place, why would a Guardianship or Conservatorship be a benefit and in what situations? If a Guardian and/or Conservator is appointed, would a Power of Attorney still be necessary, or will it be cancelled?

Impossible to answer intelligently in the abstract.