Who Makes Decisions for the Incompetent?

Who Makes Decisions for the Incompetent?
If you have a relative who is unable to make decisions for his or her self, it is time for you or another close family member to step up and ensure this relative gets the care he or she needs and deserves. Unless this person has already taken the steps to grant authority to make decisions on his or her behalf, it is important for someone who really cares to obtain this authority. In Washington, a guardianship can create a legal relationship that allows you to make important decisions for this person.

A guardianship allows the guardian to make some or all decisions regarding an incompetent person’s finances and health care. In some cases, it may not be necessary to have a full guardianship – for example, if the person in need can make their own health care decisions, but is unable to manage their own financial affairs. Regardless of the scope of the guardianship, the guardian can protect their ward and make sure that their affairs are appropriately managed.

This can be a very difficult decision. It is often the case that a person’s ability to manage their own affairs gradually diminishes. It can be difficult to determine when it’s the right time to take action, and some people are reluctant to give up control. The timing really depends on the individual situation, but, as a rule of thumb, if this person is not making appropriate financial or health care decisions on their own, the time may be right to seek the authority to help.

As I mentioned above, it really makes sense for anyone who is concerned about his or her future care to take the steps now to have appropriate powers of attorney prepared. This is far less expensive than a guardianship, and you get to pick who will make your important care decisions if you become incapacitated or incompetent. It is only when you really need these protections put in place that it may be too late. Once a person loses the ability to execute a power of attorney, a guardianship may be the only remaining viable option.