Cynthia Trenshaw
Certified Professional Guardian

I hold Washington State Guardian Certificate #10265, granted to me in January of 2004.  Many of my guardianship skills were learned "the hard way," through my own widowhood, homeownership, financial decision-making, and the bumps and bruises of daily living, as well as through working in a wide variety of healthcare settings.

My ability to interface with the legal system comes from King County Bar Association trainings, a variety of required and approved Continuing Legal Education hours, and ongoing familiarity with the Revised Code of Washington as it pertains to guardianships.

I believe that competent advocacy is far more important than trying to "fix" or change another's life. As a guardian I am adamant about an individual's right to dignity and self-determination in the least-restrictive setting possible. Each guardianship is a unique partnership between myself and my client, and each partnership presents new challenges. Therefore, I have linked myself to a carefully selected network of legal, financial, medical, and personal care advisors who round out my knowledge and skills on behalf of the people I serve.

There is good additional information under the Q&A on guardianships on the Northwest Justice Project website, www.lawhelp.org. Also see www.courts.wa.gov.

Cynthia Trenshaw, Guardian ad Litem

Having completed the required training, and the required practicum under the mentorship of a practicing Guardian ad Litem, I was admitted to the Guardian ad Litem Registries for Island County and San Juan County, WA in 2006.

When the Superior Court assigns me to investigate a case for which a guardianship petition has been filed, I interview any family, friends, neighbors of the alleged incapacitated person; arrange for a medical/psychiatric evaluation; investigate all financial accounts and assess the assets of the estate; determine whether the person wants or needs representation by an attorney; determine who would be the most appropriate guardian, if one is needed, and what would be the appropriate extent of their authority. Within six weeks of the filing of the guardianship petition, I submit my report to the Superior Court judge who will hear the case, and prepare for the guardianship hearing.

The final decisions about incapacity and guardianship rest with the Court. Whatever decision is reached, it should always be the least restrictive action available, allowing the person to retain the most individual freedom possible within the limitations of their life circumstances.

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What Is A Guardian?

A Certified Professional Guardian is a person who is trained, certified by the State Supreme Court, and appointed by a Superior Court to oversee personal care and/or the financial matters of a person who cannot adequately manage their own affairs. The guardianship process begins when a concerned person (friend, neighbor, family member, agency) presents a petition to the court with information about a person who is having difficulty caring for him/herself. A representative of the court (a Guardian ad Litem) is assigned to investigate the person's situation. Legal notice of a hearing is given to the person and their relatives, and legal counsel is assured. If, at the hearing, the person is found to be incapacitated, and a guardianship is determined to be appropriate, a guardian is appointed by the court. (In some states this is called a "conservator.")
A guardian is committed to being a lifetime advocate for an incapacitated person. A guardian of the person makes all decisions about the physical wellbeing and healthcare and living circumstances of the incapacitated person. A guardian of the estate protects the person's assets while paying bills, managing real property, and investing prudently. If the incapacitated person's resources run out, the guardian arranges for Medicaid, Supplemental Security Income, or Social Security Disability. A Certified Professional Guardian may serve in either or both capacities.