[WSBAPT] Off topic - guardianship issue
Dewey Weddle
dwweddle at msn.com
Tue Apr 30 15:28:25 PDT 2019
Randy,
You might consider petitioning for non-parental custody rather than guardianship. It probably would be less expensive, and the facts you cite lead me to believe that your petition would be granted without much ado. Unless I am mistaken, your PC probably already qualifies as a de facto parent, which puts him on the inside track if any others are vying to be appointed as non-parental custodians.
A petition for guardianship would entail the appointment of a guardian ad litem, annual reports to the court if the petition were granted, and other procedural rigmarole that your PC probably would rather do without.
Best regards,
Dewey
Law Office of Dewey W. Weddle, PLLC
909 7th Street
Anacortes, WA 98221
Telephone: 360-293-3600
Fax 360-293-3700
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Randolph Petgrave <randgrave at msn.com>
Sent: Monday, April 29, 2019 2:23 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Off topic - guardianship issue
Hi All,
This is a bit off topic but I would appreciate any guidance you may have. PC lost his wife about a year ago. They had been married for many years. Wife had 2 sons from a previous marriage and was given full custody. Sons are now 14 and 16. They continued to live with PC who is their step father. This was fine with the biological father.
Biological father just passed away. PC needs formal authority to act on behalf of the two sons. I have some limited experience with guardianships of incapacitated adults. Would this basically be the same thing – in other words are the two boys “incapacitated” by minority? And if so, can I use the same guardianship forms as those for adults, just tailored to the situation?
Or . . . is there a better way to do this?
Randy
Petgrave & Petgrave, PLLC
Attorneys at Law
Office: 1001 4th Ave Ste 3200
Seattle, WA 98154
Mailing: P.O. Box 2831
Issaquah, WA 98027
Direct: (206) 240-9148
Fax: (206) 260-2710
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