Avoiding Guardianship and Conservatorship Court: Proactive Steps for Families in Washington and Oregon
When someone loses the ability to make decisions and hasn’t done proper planning, families often have no choice but to go through the courts for guardianship or conservatorship.
Guardianship (for personal affairs) and conservatorship (for financial affairs) are legal processes where the court appoints someone to manage another person’s financial and personal affairs. While sometimes necessary, it is:
- Expensive (often costing thousands in attorney and court fees)
- Time-consuming (with ongoing court oversight and reporting)
- Emotionally draining for families already in crisis
The good news? In most cases, guardianship and conservatorship can be avoided with proactive planning.
What Causes Guardianship or Conservatorship?
Guardianship or Conservatorship usually becomes necessary when:
- Someone is or becomes incapacitated due to mental or developmental disability, illness, accident, or age-related decline
- No durable powers of attorney exist or can be put in place
Family members cannot agree on who should be in charge
How to Avoid Guardianship and Conservatorship
- Durable Financial Power of Attorney
Allows someone you trust to manage your finances without court intervention. - Durable Health Care Power of Attorney
Ensures your medical decisions are made by someone you choose—not left to the courts. - Revocable Living Trust
Provides seamless management of your assets during incapacity and after death, and where you are able to provide specific instructions about how you want things to be handled during incapacity
Regular Updates
Outdated or incomplete documents may not hold up when they’re needed most.
The Cost of Doing Nothing
Without these documents and proper planning, families in Washington and Oregon may have to spend months in court, paying legal fees, filing reports, and living under ongoing judicial supervision. For many families, this process is as painful as it is expensive.
The Gift of Planning Ahead
By putting the right documents in place now, you spare your loved ones from unnecessary court involvement—and give them the clarity they’ll need if the unexpected happens.
At Pettis Webber Pacific, we help families craft plans that preserve dignity, protect assets, and avoid guardianship and conservatorship whenever possible.
Click here to schedule a consultation with our team today.