[WSBAPT] Off topic - guardianship issue

[Dewey Weddle]

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

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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

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Issaquah, WA 98027



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