Expert Advice When You Need It Most

My Sister has put a petition for appointment of a guardian and estate of our mother. How will this affect me as only sibling?

My mother has been diagnosed with a medical condition that states that she is incapacitated and is at risk of suffering financial and/or physical harm based on her inability to adequately manage her financial affairs and to care for her personal and health care needs. My sister has petitioned to be the guardian of my mother and her estate. I would like to know what I need to do if I want to be involved in everything that happens with my mother and also regarding her estate. I do not have the financial means to get my own lawyer. This is all taking place in Washington state in King County

Save

Attorney answers (3)

Reputation Level 11
If you truly want to direct your mother's care and financial affairs, you would have to file a cross petition to be appointed her guardian and substantiate why you, rather than your sister would be more appropriate to be the guardian. If you cannot afford an attorney, the forms to file this petition (and other necessary paperwork)are on the web if you search for Washington State Courts forms.
1 person marked this answer as good
Matthew M Luedke
Matthew M Luedke, licensed in Washington

Reputation Level 9
The only way for you to be involved in everything that happens with your mother's healthcare decisions and financial decisions is to file your own petition to be named as the guardian of the persona and estate. While you can find these forms online and therefore start the process, the largest single determining factor of who will be named as Guardian is the Guardian Ad Litem's report to the court. The Guardian Ad Litem is charged with making a determination of who is best equiped and best suited to serve as Guardian. If you are not in King County, or Washington, you will have an uphill battle to show that you can effectively serve from a distance.

Unless you can show a good reason why you should be named, instead of your sister, you will likely not be able to prevail.

I recommend that you seek a competent elder law attorney who can hear your specific facts and circumstances and advise you properly on your rights.

Reputation Level 9
In further response to the other answers, if you cannot afford to hire your own attorney to petition for guardianship appointing you as guardian and/or if you do not live locally near your mother, your next best thing to do to be fully informed of what your sister is doing as guardian of the person and estate (or whoever is appointed guardian) is to request special notice. This then requires the guardian to provide you with notice before they ask the court for permission before every action is taken in regards to your mother's finances or health. It doesn't give you a right to defeat that proposed action, but it gives you notice that the guardian is going to the court to ask for permission to do something and you can enter a response each and every time if you want-which may or may not be granted.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now