How do I give guardianship to my parents of my 10 year old?
Full Question:
Answer:
Washington statutes allow a person to appoint a guardian for their child in the event of their death or incapacity when one of the parents is deceased. A petition for a formal guardianship to be appointed by the court may also be filed.
A less formal arrangement may be made through a power of attorney for the care of a child. This power of attorney can give the nonparent the authority to make medical and educational decisions affecting the child and to obtain care and services for the child. Such an agreement can show that the parent(s) have given the caregiver permission to care for the child and may be accepted by schools, doctors, and others as proper authority to act on the child’s behalf. It is a contract between the parent(s) and the caregiver. It is not a court order. It does not restrict parental rights, and the parent can cancel it at any time. Both sides need to be able to rely on each other to honor the agreement and third parties (schools, doctors, insurance companies) recognize it. It is NOT a permanent solution, nor is it an enforceable legal document. If a nonparent is going to be caring for a child for more than a year it is probably better to seek a more formal legal relationship such as nonparental custody.
A temporary parental consent agreement does not prevent a parent from taking a child back. If the nonparent does not want the child’s parents to be able to take the child back, the nonparent will need to file for nonparental custody.
The following are WA statutes:
RCW 11.88.080 When either parent is deceased, the surviving parent of any
minor child....
When either parent is deceased, the surviving parent of any minor child
or a sole parent of a minor child, may by last will or durable power of
attorney nominate a guardian or guardians of the person, or of the estate
or both, of a minor child, whether born at the time of executing the
instrument or afterwards, to continue during the minority of such child or
for any less time. This nomination shall be effective in the event of the
death or incapacity of such parent. Every guardian of the estate of a child
shall give bond in like manner and with like conditions as required by
RCW 11.88.100 and 11.88.110, and he or she shall have the same powers and
perform the same duties with regard to the person and estate of the minor
as a guardian appointed under this chapter. The court shall confirm the
parent's nomination unless the court finds, based upon evidence presented
at a hearing on the matter, that the individual nominated in the surviving
parent's will or durable power of attorney is not qualified to serve.
RCW 11.88.095 (1) In determining the disposition of a petition for
guardianship, the....
(1) In determining the disposition of a petition for guardianship, the
court's order shall be based upon findings as to the capacities, condition,
and needs of the alleged incapacitated person, and shall not be based
solely upon agreements made by the parties.
(2) Every order appointing a full or limited guardian of the person or
estate shall include:
(a) Findings as to the capacities, condition, and needs of the alleged
incapacitated person;
(b) The amount of the bond, if any, or a bond review period;
(c) When the next report of the guardian is due;
(d) Whether the guardian ad litem shall continue acting as guardian ad
litem;
(e) Whether a review hearing shall be required upon the filing of the
inventory;
(f) The authority of the guardian, if any, for investment and expenditure
of the ward's estate; and
(g) Names and addresses of those persons described in RCW
11.88.090(5)(d), if any, whom the court believes should receive copies of
further pleadings filed by the guardian with respect to the
guardianship.
(3) If the court determines that a limited guardian should be appointed,
the order shall specifically set forth the limits by either stating
exceptions to the otherwise full authority of the guardian or by stating
the specific authority of the guardian.
(4) In determining the disposition of a petition for appointment of a
guardian or limited guardian of the estate only, the court shall consider
whether the alleged incapacitated person is capable of giving informed
medical consent or of making other personal decisions and, if not, whether
a guardian or limited guardian of the person of the alleged incapacitated
person should be appointed for that purpose.
(5) Unless otherwise ordered, any powers of attorney or durable powers of
attorney shall be revoked upon appointment of a guardian or limited
guardian of the estate.
If there is an existing medical power of attorney, the court must make a
specific finding of fact regarding the continued validity of that medical
power of attorney before appointing a guardian or limited guardian for the
person.
