In re Guardianship of Inez B. Way

Inez Way (defendant), who was in her seventies and bedridden, lived with Al Soper and depended on him for care. However, Soper, who was in his eighties, had heart problems and was in the early stages of dementia. After numerous citizens called Washington’s Department of Social and Health Services (DSHS) (plaintiff) to express concern about Way’s well-being, the DSHS went to the residence to investigate. It found Way living in deplorable conditions. Way was laying in the bed covered in urine and feces, her hair was dirty and matted, and her skin was red and sore. Additionally, the residence itself was in poor condition. It needed various structural repairs, lacked functional plumbing and heating, and was infested with rats. The DSHS also discovered that Soper lacked a driver’s license and was unable to drive to obtain groceries. Consequently, both Soper and Way were dependent on transient visitors who stayed in the house to bring them groceries and other supplies. After conducting its investigation, the DSHS petitioned for the appointment of a guardian for Way. The jury concluded that Way was incapacitated as to both her person and her property. It imposed a full guardianship for Way’s property, meaning that an appointed guardian was to make all property-related decisions on Way’s behalf. However, it imposed only a limited guardianship for Way’s person, concluding that Way should retain certain rights, including the right to consent to medical treatment, determine her residence, vote, hold an elected office, decide who should provide care and assistance, and make social decisions. The DSHS moved for reconsideration, arguing that a full guardianship should have been imposed for Way’s person. The trial court imposed limitations on Way’s right to decide who should provide care and assistance but otherwise denied the motion. The DSHS appealed. Before the appeal came before the court, Way was moved to a care home that provided for her personal needs and also began receiving physical therapy and medical treatment.