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Are there different types of Guardianships?
Yes! Full Guardianships "of the Person and Estate" give the Guardian full responsibility to
manage the incapacited persons living situation, healthcare and medical decisions, as well as to manage their finances. Sometimes
the court may limit the authority of the Guardian in certain areas, depending upon the incapacitated persons need or situation.
This is called a limited Guardianship.
It may be that a Guardian is appointed for an "of the person" only Guardianship or for an"of the estate"
only authority. This depends upon the person's situation and need.
What is the role of a Professional Guardian?
To minimize risk and to protect the individual from harm (either financial and/or health & safety). A Professional
Guardian is trusted by the court to do what is "in the best interest of the incapacitated person" at all times.
What happens if you don't know (for sure) that someone needs a Guardian? Are there
other Alternatives?
Usually, a Guardian Ad Litem is appointed before a Guardian. A Guardian Ad Litem gathers all the facts about the
individual case and gives a report to the court. This report addresses the incapacity level & the needs of the individual
(including statements and assessments by physicians, family members and care providers). It may be that a combination of
services may be needed. For example, a Guardian "of the person" to be responsible for health & safety needs and a Limited
Power of Attorney or Representative Payee for financial concerns or a Guardian "of the Estate" for full financial protection
and a Power of Attorney for Healthcare. There could be a variety of combinations to address a persons need. The "least restrictive
alternative" will be chosen.It may be that a local professional person can work with a family member (as a team) to meet the
Individual's need and a Guardianship can be avoided altogether.
Who supervises the Guardian?
A Professional Guardian is supervised by the court. All "Interested Parties" are given copies of the Guardian's reports
to the court.
What about the cost? Is a Professional Guardian Expensive?
Guardians are paid directly from the funds of the incapacitated persons estate. Professional Guardians
are paid professional fees ranging from about $60.00 to $80.00 per hour. The court requires that all fees for services are
documented and that they be proved " just and reasonable". When someone needs a Professional Guardian that is also receiving
DSHS (Department of Social and Health Services) assistance in a residential facility or nursing care facility, a portion
of their income can be used to pay for Guardianship services. These funds are limited and paid out in a fixed amount
monthly.
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