Adult guardianship can be beneficial for vulnerable people. Those with major health challenges, cognitive decline associated with age or mental health disorders may need the support of another adult. Otherwise, they may fail to make choices that are in their own best interests or to effectively manage their daily lives.
A guardian has a responsibility to act in the best interests of the ward in their care. They make medical decisions and arrange to fill the daily needs of the vulnerable adult subject to the guardianship. The courts in Washington can appoint a guardian when people petition the courts out of concern for an adult displaying an inability to manage their affairs independently.
Family members and other people with direct relationships to an individual can seek guardianship. So can professionals, including individuals employed by nursing homes and similar facilities. Not everyone is a suitable candidate for guardian. Who may not be eligible to serve as a guardian according to state statutes?
Minors
The law is relatively clear that guardianship is usually only extended to those who are legal adults. But typically, those seeking guardianship need to be at least 18 years old to hold that position of trust.
Those with criminal records
A criminal record can prevent an individual from serving as a guardian. Minor violations that occurred years ago may not affect eligibility. However, criminal offenses involving dishonesty, neglect or physical violence are likely to eliminate an otherwise qualified adult as a candidate for guardian.
In rare cases, the courts may hear testimony and can set aside the presumption that those with certain criminal records should not act as guardians. Such decisions are usually only possible if the prospective guardian is a family member of the ward.
Anyone deemed unsuitable
There are many factors that could make one person an unsuitable candidate for guardianship. Someone who lives in another state usually can’t act as a guardian to an adult living in Washington, for example. The courts can determine after careful review that personal circumstances or characteristics make someone unfit for the role.
Understanding how the courts evaluate those pursuing adult guardianship can be beneficial for prospective guardians and concerned family members. Generally speaking, responsible, organized and trustworthy individuals who are legal adults can potentially step up to serve as a guardian for a vulnerable adult.