[WSBARP] Guardianship or Protection Order???

[Jim Doran]

I am not sure if this is a question for the Elder Law section or the
Trust/Probate/Real Property section so I am sending it to both.

The "client" is already in a care facility because of his autism and
inability to take care of his affairs.  He receives State financial
assistance.  The client's sister is the problem.  She harasses him, is mean
to him and abuses him when she visits him to the point that he becomes very
agitated and could harm himself.  He loves her so he does not want to do
anything about it.  This has been recurring many times.  She is trying to
get him out of the care home, which is a legitimate and well respected
facility, and move in with her so she can control him and get his
finances.  She is a certifiable nut case.

The State won't do anything to restrict the sister from visitation such as
making it supervised visitations.  The care home staff have been talking to
me about this situation for over a year and they are quite concerned about
it.  They want me to figure out what to do to keep the client in the care
home and protected from his sister.  I am not sure if this situation would
be best served by a full guardianship, a limited guardianship or some sort
of power of attorney or court order under a VAP action.

That's the gist of it.  There is more to the story, as usual.  But what are
the approaches that we could take, with the least expensive and intrusive
first?

Would the autistic client be able to sign a power of attorney to have the
staff protect him?  He probably would not sign such a document because he
loves his sister even though she is mean and abusive to him.

Would we file a petition to the Court for a GAL to assist with the home
care and the sister's visitation?

Do we use a full guardianship proceeding?  A vulnerable adult action?

I am new to this area of law so any basic reference to desk books or
Washington Practice would also be welcome.  But mostly, from your
experience, how to we approach this situation?

Thank you.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
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