[WSBAPT] Guardianship for disabled child turning 18

[Elizabeth Bateman]

I've served as GAL on several matters where the parents have initiated a guardianship proceeding when the child was still 17.  I agree it is a little strange, but I have not known the Court to take issue with it.  I think because for a truly disabled child, it can be very detrimental to have a gap in the parents' authority.  You could consider asking the Court to schedule the hearing on the child's 18th birthday if this is still a concern?

Elizabeth

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Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Monday, June 8, 2020 3:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Guardianship for disabled child turning 18

Hi Listmates:

I hope I haven't gotten this answer before and then forgotten it.  I have a client that needs to file for guardianship of her severely disabled almost-18-year-old daughter, whose cognitive abilities are extremely low.  All of the information she has received from the child's school, etc. is that she must *have the guardianship in place* by the day the child turns 18 (i.e., the guardianship must already be in place, the guardian must be bonded and have his/her Letters).  When I spoke with her today, I said I didn't think the court would even address the parents' petition for guardianship of their daughter until the daughter turns 18 because the issue isn't ripe yet.

Is it possible to file while the child is still 17, have a GAL appointed, and have the GAL do his/her report so that the hearing on the petition for guardianship could be heard on the day the child turns 18?  Or do we have to wait until the child turns 18 even to request the court to appoint a GAL (which is what I thought)?  And if we have to wait until the child is 18, has anyone ever obtained a temporary guardianship to give the parent authority to act while the GAL is doing his/her investigation and report, and until the guardianship petition is granted?

I understand that the parents can give some consent during the period of transition, but because this child is so severely disabled there is absolutely nothing she can do for herself, and the parent are frantic about having a period in which they can't legally make all of her decisions.

Thanks,
Candace Wilkerson

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cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>


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