[WSBAPT] Guardian appointed in will--question

Thu Dec 9 09:17:18 PST 2021

I agree with Andrekita that minor guardianship is the appropriate procedure. See new forms here: https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=125
If you are filing in King County, see their local forms and a helpful guide https://kingcounty.gov/courts/superior-court/ex-parte-probate/Minor-Guardianships.aspx
I think it is important to have legal clarity over who is caring for the child because that child is likely entitled to Social Security benefits, and the guardian should be receiving those and spending them for the minor’s benefit.
Best,
Nick

Nicholas Pleasants
Owner

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Andrekita Silva <ak at seattle-silvalaw.com>
Reply-To: "ak at seattle-silvalaw.com" <ak at seattle-silvalaw.com>, WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, December 8, 2021 at 6:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Guardian appointed in will--question

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<mailto:cwilkerson at wongfleming.com>>:
Hi Listmates,

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.

Thoughts would be appreciated!

Best,

Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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