Guardianship

[thithi83]

What is the name of your state (only U.S. law)? Washington

i was appointed as limited guardian for my incapacitate friend. He recently obtained his U.S Citizenship, he's very excited and wanted to do many things. So, he was wondering can he get marry or to fly out of country?

thank you

[BlondiePB]

Originally Posted by thithi83

What is the name of your state (only U.S. law)? Washington

i was appointed as limited guardian for my incapacitate friend. He recently obtained his U.S Citizenship, he's very excited and wanted to do many things. So, he was wondering can he get marry or to fly out of country?

thank you

What exactly is the nature of the limited guardianship?

[thithi83]

my friend had a stroke couple years ago, then the court appointed a full-guardian from a guardianship agency. Recently, his health is getting better and doesn't want a guardian anymore. however, the judge denied his request and appointed a limited guardian for him instead. that's how i became his limited guardian. As a limited guardian, i pay for all his bills (light, utilities, housing, etc) and give him monthly allowance. He has a homecare giver, who take care of him 4 hours everyday.

Back to the question, if he wants to fly out of country, do i have to notify the court??

thank you very much

[BlondiePB]

Originally Posted by thithi83

my friend had a stroke couple years ago, then the court appointed a full-guardian from a guardianship agency. Recently, his health is getting better and doesn't want a guardian anymore. however, the judge denied his request and appointed a limited guardian for him instead. that's how i became his limited guardian. As a limited guardian, i pay for all his bills (light, utilities, housing, etc) and give him monthly allowance. He has a homecare giver, who take care of him 4 hours everyday.

Back to the question, if he wants to fly out of country, do i have to notify the court??

thank you very much

What does exactly does the court ordered appointment state?

Do you have the court's blessing to give him a monthly allowance?

[thithi83]

Everything i described here took place in Washington and yes, i do have the court's order to give him monthly allowance.

Thanks

[BlondiePB]

Originally Posted by thithi83

Everything i described here took place in Washington and yes, i do have the court's order to give him monthly allowance.

Thanks

Other than having the court's blessing to give your ward a monthly allowance, you are not answering my questions. It is apparent that you need to know exactly what you cannot and can do with your limited guardianship and what it is exactly what you have control over and what you do not have control over.

A phone call to your guardian attorney and/or a trip to a law library to read all you need to read regarding guardianships is in order. The following is what was found in your state statutes:

11.92.040

(6) To apply to the court no later than the filing of the inventory for an order authorizing disbursements on behalf of the incapacitated person: PROVIDED, HOWEVER, That the guardian or limited guardian of the estate, or the person, department, bureau, agency, or charitable organization having the care and custody of an incapacitated person, may apply to the court for an order directing the guardian or limited guardian of the estate to pay to the person, department, bureau, agency, or charitable organization having the care and custody of an incapacitated person, or if the guardian or limited guardian of the estate has the care and custody of the incapacitated person, directing the guardian or limited guardian of the estate to apply an amount weekly, monthly, quarterly, semi-annually, or annually, as the court may direct, to be expended in the care, maintenance, and education of the incapacitated person and of his or her dependents. In proper cases, the court may order payment of amounts directly to the incapacitated person for his or her maintenance or incidental expenses. The amounts authorized under this section may be decreased or increased from time to time by direction of the court. If payments are made to another under an order of the court, the guardian or limited guardian of the estate is not bound to see to the application thereof.

[thithi83]

Sorry, i misunderstood the question. Here is exactly what the court order stated about my duties:

a. the Limited Guardian of the Person shall monitor my friend's housing and caregiver services on a quarterly basis to determine that he has adequate housing and care giver services. I shall file a report as to status on an annual basis.

b. the Limited Guardian of the Estate shall apply to become representative payee for my friend's govermental benefits (i already did this) and shall have the authority to establish a guardianship account for his benefit. I shall be authorized to pay his monthly rent, caregiver services, and utilities. i shall be authorized to disburse up to $400 per month to a personal financial account established by my friend for his discretionary use, including groceries, clothing and incidentals. The Limited Guardian shall have no duty to report or account for the funds deposited into my friend's personal account. I shall file a report and accounting on an annual basis and shall seek court approval of the same.

Thank you very much