Guardianship

This information is intended to give an overview of guardianship in Washington State. It is for educational purposes only and is not a substitute for legal advice. For advice on making legal decisions, please talk to an attorney.

Guardianship Overview

Many people think that Guardianship is the only and best way to help and protect adults with intellectual and/or developmental disabilities. While guardianship may be appropriate for some individuals, it is often unnecessary for many. The truth is that guardianship is often not needed. Washington law requires considering alternatives to guardianship/conservatorship first, such as Supported Decision-Making.

People may start to consider guardianship or conservatorship for a loved one in the following situations:

A child with a disability turning 18;
Fears that an adult with disabilities is being abused, neglected or exploited;
An elder has dementia and can’t live independently;
An adult has trouble managing their money, and
An adult has health issues they cannot manage alone.

Categories of Guardianship:

Conservator Responsibilities

Keep detailed records of the person’s property and finances. Record everything the person owns, pays for, and receives. The conservator must file an inventory with the court of all the person’s possessions and assets within three months of appointment and periodic accounting (annually or every three years) of income and expenses. Records and receipts must support them. You will need to tell the court of an ABLE account and special needs trusts.

Guardianship Responsibilities

Ensure the person’s physical, mental, and emotional needs, as well as any need for assistance in activities of daily living, are being assessed and addressed. A Guardian is responsible for putting a plan in place to meet these needs and must file that care plan (identifying needs and explaining how they will be met) with the court within three months of being appointed. Additional reports are required annually. Report any changes in circumstances such as a change in residence.

Scope of Guardianship

Limited

Grants the authority to make specific decisions identified in a court order and may be time-limited. Guardianship/Conservatorship is supposed to be no broader than necessary.

Full

Grants the authority to make all decisions provided under the law. Full guardianship/conservatorship denies a person’s significant rights, which may include the right to vote, marry, get a driver’s license, enter contracts, or decide who will provide care. It should be entered into only if alternatives to guardianship, or limited guardianship, are not sufficient.

Printable Guardianship Overview (PDF)

THE PROCESS

Steps to Guardianship

Petitioning the Court
Anyone seeking guardianship/conservatorship must file a petition with their local Superior Court. The petition asks the court to determine that the person identified in the petition needs this level of intervention, determine what type of intervention is needed and appropriate, and possibly appoint an appropriate guardian/conservator. You must give notice of the petition to the person identified in the petition and other interested parties. Find forms for petitioning for guardianship/conservatorship online at https://www.courts.wa.gov/forms/?fa=forms.static&staticID=14
Training for Non-Professional (Lay) Guardian/Conservator
Before a family member or other non-professional can petition (file court papers to ask) the court to be a guardian/conservator, they must complete a free online training. This training covers duties and responsibilities, required forms, and timelines. If you decide to petition for guardianship after completing the training, keep the declaration of completion you received as proof for the court.
The Court Appoints a Court Visitor
Once a petition to the court is made, the court appoints a court visitor to investigate. The court visitor must then recommend to the court whether guardianship/conservatorship is appropriate, suggest who should serve as the guardian/conservator, or explore if there are less restrictive alternatives available
A Hearing is Held

At this hearing, family members or others may contest (challenge) the request for guardianship/conservatorship. If the court appoints the petitioner as guardian/conservator, the petitioner receives letters of office.
Letters of Office

This is the formal document that allows the guardian/conservator to act on behalf of the person. It also specifies any restrictions placed on the guardianship/conservatorship.

REPORTING REQUIREMENTS

Serving as a guardian/conservator involves a significant amount of responsibility. You must keep thorough records to support everything you do on behalf of the person with receipts or other records. Reports are due at the following times:

There are generally three types of reporting:

Within 90 days of being appointed as guardian/conservator
Each year, at least one month before your Letters of Office expire
Within 30 days of certain events happening

It is important to file your reports on time. If you do not file your reports on time, you could face court fines, you might need to appear at a hearing, and the court may remove you as guardian/conservator. Reporting procedures vary by county. Some courts may require you to appear at a review hearing. Be sure you find out your county’s specific reporting requirements.

Printable Guardianship Process (PDF)