How do I petition for guardianship or conservatorship in Washington?

1. Terminology. Washington uses 'guardian of the person' and 'conservator of the estate' for incapacitated adults and minors, after UGCOPAA replaced prior 'guardian of the estate' terminology in 2022.

2. Adult Guardianship. Under RCW 11.130.265, a court may appoint a guardian for an adult who lacks the ability to meet essential requirements for physical health, safety, or self-care because of limitations in the ability to receive and evaluate information or make or communicate decisions, even with appropriate supportive services and technological assistance.

3. Adult Conservatorship. Under RCW 11.130.360, a conservator is appointed for an adult unable to manage property or business affairs.

4. Minor Guardianship. Under RCW 11.130.190, available when parents are deceased or court terminates their authority.

5. Petition. File in the superior court of the county where the respondent resides. Personal service on the respondent at least 14 days before hearing; notice to spouse, adult children, parents, and others who lived with the respondent in the past six months.

6. Court Visitor / GAL. A court visitor is appointed under RCW 11.130.280 to interview and report; counsel must be appointed unless the respondent already has counsel.

7. Capacity Evaluation. A professional evaluation by a physician, psychologist, or other appropriate professional is required (RCW 11.130.290); clear and convincing evidence standard.

8. Hearing & Order. Respondent has rights to attend, to counsel, to present evidence, and to a jury trial. Court must consider less restrictive alternatives including protective arrangements without appointment of a guardian.

9. Powers & Duties. Bond required for conservator (RCW 11.130.420); inventory within 60 days; annual report and account; court approval for sale of real property and major medical decisions.

10. Alternatives. Durable POA (RCW 11.125), health care directive (RCW 70.122), supported decision-making agreement (RCW 11.130.745), and protective arrangements under RCW 11.130.215.

11. Termination & UAGPPJA. Termination on restored capacity (RCW 11.130.340), death, or minor reaching 18. Washington adopted UGCOPAA which incorporates UAGPPJA-style interstate transfer at RCW 11.130.620 et seq.

This is legal information, not legal advice.