It is very important for you to have a say in how decisions will be made for you if you cannot make the decisions yourself. One way to protect this basic right is to make sure you have legal documents specifying what you want to happen if you lose the ability to make your own decisions. Without these documents, someone may have to file for a guardianship if you can no longer handle your own affairs. A guardianship can be expensive and can take a long time. It is much less flexible than documents you can create for yourself.
There are alternatives to guardianship, which are discussed below. The best way to make sure you get what you want, though, is to create documents while you can that make your wishes clear. If you are incapacitated, you may not be able to express what you want.
The following is a brief outline of some of the tools available to preserve and promote your ability to make your wishes known, and to keep decisions about your affairs as informal and flexible as possible. This informational outline is not a substitute for legal advice. For specific questions about a particular situation, you should consult an attorney. Seniors 60 and older and low income people can call the Northwest Justice Project's free statewide advice and referral lines, CLEAR*Sr. or CLEAR toll free for legal advice and resources. CLEAR*Sr. (for 60+) is at 1-888-387-7111. CLEAR is at 1-888-201-1014. Both lines operated weekday mornings from 9:30 to 12:30. You can also get free legal information, brochures, and do-it-yourself forms at www.washingtonlawhelp.org.
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