How to Change a Third Party Guardian to a Family Member

[Michaelbilson]

My question involves a person located in the state of: Washington.

My 84 year old mother was declared to be incapacitated and a guardian ad litem was apponted by the court to see if she needed a guardian. Several family members were legally eligible but were never interviewed or spoken with (nor served with any papers). An agency was appointed guardian. They now charge her $700 a month in "Guardianship Fee's" and also $150 in legal fees. Yet she has no attorney nor anyone representing her interest or that of her family. Now they have a proposed order to sell her home (her only asset). We have a yearly hearing at the end of this month and want to change the guardianship to someone that is family and will get her back home. We are poor and cannot afford an attorney. Please Help.

[Mr. Knowitall]

So the family members were notified of the petition, and they chose to neither put themselves forward as potential guardians or to attend court proceedings on the guardianship? If that's what happened, it's hardly a surprise that a public guardian / agency was appointed.

If mom is able to articulate the preference for a family member, and is sufficiently competent to do so, mom can petition to have her guardian changed to a family member.

If somebody in the family is now willing and able to serve as guardian, that person can consider bringing a petition to be appointed guardian in lieu of the public guardian / agency.

We don't know the facts, so we cannot comment on whether it would be possible to avoid selling the home.

[Michaelbilson]

00Grandma went to hospital. One daughter was aware of this and the court hearing and did not notify her father or sister ( I am the father). At the court hearing the one daughter attempted to gain control of the grandma's house and assets. The court wisely appointed an agency. However, other family members are eligible and wanting to be guardian but were never notified of this action until after the fact. The guardian ad litem also never interviewed anyone in the family...This agency now charges $700 a month in fees, and $150 in legal fees yet my mom has no one that represents her interests. She wants to go home and not have her home sold. We are trying to honor her wishes but she has been found to have dementia and incapacitated.