[WSBAPT] Excluding an individual as guardian in will

[Anna Van Pelt]

While I haven't yet had the opportunity to test it, I have excluded
relatives as guardians in the will. I have also included the reasons why
they do not want that person to be the guardian, and usually it's for very
good reasons like prior abuse that did not result in a conviction, or
gambling problems, substance use issues, etc. While it's not binding, I
would hope that a judge would find it persuasive, or at least instruct a
GAL to investigate prior to appointment.

Cheers,
Anna

Van Pelt Law & Mediation PLLC
(206) 755-1500
www.vanpeltlegal.com


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On Fri, Nov 12, 2021 at 7:54 PM Andrekita Silva <ak at seattle-silvalaw.com>
wrote:

> Law Office of
> *F.ANDREKITA SILVA*
> *____________________________________________  *
>
>                                                                 November
> 12, 2021
>
> The court must make an appointment that is in the child’s best interest. A
> court will consider the wishes of the deceased parent. However, if one
> parent is still alive, by operation of law, the surviving parent becomes
> the child’s custodial parent. Even if the surviving parent only had a
> couple days a month under a parenting plan order.
>
> If one parent is still living, but some other interested family member
> thinks surviving parent is really not in child’s best interest, that
> interested party can petition the court for guardianship. The bio parent
> has the constitutional right to the care and custody of their bio child so
> the evidence has to be pretty heavy against them (like abuse, neglect,
> etc.).
>
> Under the new statute, children over the age of 12 can be appointed a
> lawyer if they want one, and the court will commonly appoint a guardian ad
> litem if the guardianship is disputed (and there is a well founded basis
> for the dispute).
>
> Sometimes, a divorced parent will say “no one from OP’s family).  If your
> client is nominating someone outside the family (like an aunt, uncle,
> grandparent from OP’s family), absent good evidence of what is wrong with
> the close family relative, I think the close family relative will prevail.
>
> In dependency actions, it’s required/ mandatory that the state try to
> identify biological family for a permanent placement. So, I believe the
> court would take guidance from dependency laws when making a decision on
> guardianship matters under title 26.
>
> So, client can nominate whoever they want.  The court will consider the
> bio parent’s wishes but the court is obligated to act in the child’s best
> interest.  Bio family, bio relatives have a headstart.  In some ways, its a
> good problem to have that alot of people might be stepping forward to fight
> to care for your children.
>
> andrekita
> Law Office of F. Andrekita Silva
> 1325 Fourth Avenue, Suite 2000
> Seattle, Washington 98101
> 206-224-8288
> www.seattle-silvalaw.com
>
>
>
> Quoting Suzanne Lieberman <suzanne at cmslawfirm.com>:
>
> Good morning,
>
> Client is concerned that a close relative might try to step forward for
> guardianship over client's children if the entire list of proposed
> guardians in client's will is exhausted. Would a judge honor a request for
> exclusion, and if so, would the guardianship paragraph of the will be the
> only place this exclusion needs to be mentioned?
>
> Sincerely,
>
> Suzanne Lieberman
> CMS Law Firm LLC <http://cmslawfirm.com/>
> *811 Kirkland Ave. Suite 201 *(please note new address!)
> Kirkland, WA 98033
> 206-383-6484 (Cell Phone)
> 206-659-1512 (Main Office)
>
>
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