Q: Can I obtain POA on my 22 year old non-verbal autistic son? I had guardianship of him but it expired 3 months ago.

A: Thank you for submitting your question to Justia - I've been an attorney since 1986, and have a long history of working on guardianships (which are now divided into guardianships and conservatorships).

Your son can sign a POA only if he fully understands what he is signing, agrees with what he is signing, and is capable of signing. A Power of Attorney is a power that a person gives to another person, and the person granting the power can also revoke that.

I practiced guardianship law for years, but am a bit puzzled by what you mean about it expiring. It's hard for me to speculate on what you mean by that, but I can think of two instances:

1. When you obtained the guardianship, the judge approved it for a set amount of time, period. This seems very unusual to me; or

2. When you obtained the guardianship, you were required to submit a report every year or every three years or whatever time period the judge imposed, and perhaps you neglected to submit the required report on time.

In either of those two instances, you could try to set up a hearing and file a motion to continue or renew the guardianship. You will need to be sure to properly serve your son and also anyone else with a legal interest in your son's care, such as the other parent, if that person is alive. The court may want a new review and written report/recommendations from the "court visitor" (what used to be called guardian ad litem), including a medical report - this process can take six to eight weeks, or longer if you're in Pierce or King Counties.

There is a rather long and thorough list of resources available for free here: https://www.courts.wa.gov/guardianportal/index.cfm?fa=guardianportal.cpg&content=resources

Best wishes to you and your son, and Happy Friday!

Merry