[WSBAPT] Guardian appointed in will--question

Wed Dec 8 18:11:09 PST 2021

Law Office of
F.ANDREKITA SILVA
____________________________________________  

                                                  December 8, 2021

Candace,

It's not uncommon for people to informally care for minor children for years. 

Unless this person was appointed by the court, then they are not  
actually a legal guardian. However, under new guardianship laws, third  
parties who have cared for children, have clear rights to notice of  
proceedings about the minors they cared for.

If the child is still a minor and you now wanted to appoint a  
different legal guardian, you would need to file a Petition for Minor  
Guardianship.  The person who has been acting informally would need to  
receive legal notice (in person service) etc. of the summons and  
petition. If they don’t object to the new proposed guardian, then  
their job is done.  If they object, then it will be a contested  
guardianship and the court will decide who will be the guardian.

If the new person also wants to be an unofficial guardian, then they  
can do what that last person did. They just take the child into their  
home and start caring for them until there is a dispute about who  
should be this person’s guardian.

I recommend that guardianship be legally established through the  
court, however.  It’s a simple enough process if it’s uncontested.  

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Candace Wilkerson <cwilkerson at wongfleming.com>:

> Hi Listmates,
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>    Has anyone seen a situation in WA in which a person nominated as  
> guardian of a minor in a parent’s will serves as guardian for years  
> without actually being appointed by the court?  I seem to have such  
> a situation now, and want to try to remove this person from the role.
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>    Thoughts would be appreciated!
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>    Best,
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>    Candace Wilkerson
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>    /*Candace is available to respond to emails and phone calls  
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>    Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
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>    Candace Wilkerson  | Senior Associate  |  Wong Fleming 
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