Derek W. Jensen's Answers

The cost of guardianship of mentally ill son

To the question of cost: It is important to remember that at the core of a guardianship is the question of removing constitutionally protected rights. Therefore, the guardianship procedure is designed to safeguard the rights of the alleged incapacitated person. I know of guardianships that have been established for a few thousand dollars. On the other hand, if your son exercised his right to an attorney and his right to a trial by jury, the cost could climb into the 10's of thousands of...

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My dad died in thailand, I need a document written to claim his posessions.

It sounds like your attorney in Thailand needs an affidavit or declaration from you and your sister. This document is something that a probate attorney should be able to produce for you. You will also likely need to prove who you are. If you were born in the US, this would mean having your birth certificate certified by the secretary of state (http://www.secstate.wa.gov/corps/apostilles/) and then have it sent to an embassy or consulate.

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My son has a serious mental illness. He is now 49 years old. what would it cost for a guardianship petition?

You could be granted guardianship over his person and be entitled to make medical on other decisions. In addition you could seek guardianship over his estate. The court will want to make the guardianship as limited as possible.

A trust fund was left for me by my grandparents. How can I access details about the account?

Our state statutes concerning trusts and the duties of trustees are located in Title 11 of the Revised Code of Washington. These rules will provide specific requirements that your uncle is required to meet; however, most of these changed by the trust document. An attorney will help you create a strategy for obtaining the trust documents and ensuring that your uncle is meeting his duties. One possible strategy would be to request a full accounting under RCW 11.106.020. If your uncle refuses...

Is it better for the executor of our will to have residence in our state or does it really matter?

I advise to go with the best person for the fiduciary role over the person in the best location. The executor or personal representative can appoint a local agent so that they can meet the court qualification issues or you could side step the court entirely and use a revocable trust as your planning tool. That way your out of state child would be successor trustee and would not need the court's approval. Best wishes, Derek W. Jensen, JD, LLM Managing Attorney Jensen Law Office, PLLC...

What steps do I need to take before I am deemed incompetent. I am about to become fully perm disabled, have too many resources.

You definitely need an attorney to help you. It is possible to put your assets into a self settled special needs trust. This could help you qualify for certain benefits. However, at your death the state could seek reimbursement from the trust for any benefits provided. This still maybe a good answer for you.

Looking for a power of attorney or guardian for medically compromised refugee client without family in area.

When choosing someone for the attorney-in-fact role, "Are they the best person for the job?" is more important than "Where do they live?" Additionally, the role could be split into a Health Care Agent and Financial Attorney-in-Fact. A family member could serve as the health care agent, even from afar. I would consider some of the professional fiduciaries that serve as court appointed guardians for the financial position. They will have the best understanding of the local transitional housing...

Response to Jonathan William Milstein's answer to my question.

In Washington State, the appointment of Administrator in an intestate probate is controlled by RCW 11.28.120, http://apps.leg.wa.gov/rcw/default.aspx?cite=11.28.120. Assuming your mother is not married or does not have a registered domestic partner, you and siblings would be entitled to serve, (so long as you or your siblings are not disqualified). Persons disqualified to serve are listed in RCW 11.36.010, http://apps.leg.wa.gov/rcw/default.aspx?cite=11.36.010. You may also be interested in...

Can I withdrawl from a joint bank account that I share with my mom if she is going to become a fulltime resident of a home?

The short answer is you can withdraw funds; however, be aware of the Medicaid rules or you could be subject to a penalty period. You will need to seek a local elder law attorney to learn exactly what you can and can't do. They will likely ask the following questions: Did you put any money into the account? Do you have a valid financial power of attorney? What are her other assets? What is her monthly income? Joint bank accounts are often used an expedite alternative to powers of...

Cashing a check payable to the estate of ??

You will need to prove to the insurance company that you are your mom's successor in interest. This could be as simple as providing a death certificate and an affidavit. If this method works, they will reissue the check in you and your sister's name. However, the bigger issue is the legal title to the house. Who owns your mom's interest at her death and how does it transfer? You will need an Arizona attorney to review this issue with you. It may require a probate. Best wishes, Derek...