Mark Iverson represents professional guardians and acts as a guardian ad litem in guardianship matters.  He also helps non professional guardians establish guardianship for family members.

Guardianship of Incapacitated Adult

What is guardianship of an incapacitated adult?
When an adult  becomes incapacitated and is no longer able to make financial and health decisions, a guardianship can be established.  A guardian is appointed by the Court to make decisions on behalf of the incapacitated person. The guardian is often a family member. If no family members are available to act as a guardian, a professional guardian is appointed.

How can you become a guardian?
A non professional guardian must take an online course prior to filing a petition for guardianship. In Spokane County an additional course must be taken at the Spokane County courthouse prior to being appointed guardian. There is no fee for the online course.  There is a nominal fee for the Spokane County course. A person called a guardian ad litem is appointed by the court to meet with the person hoping to become guardian and the person who is alleged to be incapacitated.  Upon the recommendation of the guardian ad litem a guardian is appointed.

What is the legal process:
A guardianship action is initiated by the person who wishes to become guardian.  A petition is filed with the Court, and a Guardian Ad Litem is appointed by the Court to investigate and determine whether the adult is incapacitated and, if so, whether the person petitioning the Court to become guardian is appropriate.  The Guardian Ad Litem makes a recommendation to the Court in a report. At a court hearing the guardian is appointed.  If the incapacitated person objects, a trial on the issue of capacity may be necessary.

Guardianship hearing:
A guardianship hearing is held within 60 days after the petition is filed and at least 15 days after the guardian ad litem report is filed.  At the hearing the Court signs an order appointing the guardian and letters of guardianship are issued granting the guardian the authority to make decisions on behalf of the incapacitated adult.

Free Consultation:
If you find yourself in a situation where a loved one is unable to make decisions on their own behalf and appears to be in need of a guardian please contact us me at 509-462-3678 or 800-338-8273 or via email at mark@adoptionlegalservices.org