Washington Guardianship Laws: Minors, Adults and Conservators (2026)

In Washington, a court may appoint a guardian to make decisions about a person's personal affairs, a conservator to manage property and financial affairs, or a narrower "protective arrangement" instead of either, all under RCW chapter 11.130, Washington's version of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (RCW 11.130.010, 11.130.585). For an adult, the court may appoint a guardian only if it finds by clear and convincing evidence that the respondent cannot meet essential requirements for physical health, safety or self-care even with appropriate supports, that appointment is necessary to prevent significant risk of harm, and that the needs cannot be met by a protective arrangement or another less restrictive alternative (RCW 11.130.265(1)).

The same chapter covers guardianship of children (Article 2), adults (Article 3), conservatorship (Article 4), protective arrangements (Article 5) and supported decision-making agreements (RCW 11.130.700 to 11.130.755). Chapter 11.130 took effect January 1, 2022, with its guardianship-of-minor sections in effect from January 1, 2021 (RCW 11.130.915). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Washington state law on guardianship of minors and adults, conservatorship, protective arrangements and supported decision-making agreements in RCW chapter 11.130, the parental power of attorney, and the interstate jurisdiction act in RCW chapter 11.90. It does not cover custody disputes between parents (see Washington child custody laws), grandparent visitation (see Washington grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Washington probate), dependency guardianships for children in foster care under chapter 13.36 RCW, which are a separate juvenile-court track, or involuntary commitment.

Washington guardianship terms and where the law lives

Chapter 11.130 is organized in articles: general provisions (RCW 11.130.001 to 11.130.180), guardianship of a minor (11.130.185 to 11.130.260), guardianship of an adult (11.130.265 to 11.130.355), conservatorship (11.130.360 to 11.130.575), other protective arrangements (11.130.580 to 11.130.635), forms, grievances, supported decision-making agreements (11.130.700 to 11.130.755) and miscellaneous provisions. It applies to proceedings begun after its effective date and to existing guardianships unless the court finds that applying a particular provision would substantially interfere with the proceeding or prejudice a party (RCW 11.130.910).

Washington does not use an "incapacitated person" label as its test. Instead, RCW 11.130.265 sets a functional test, and the chapter starts from a presumption: "For the purposes of this chapter, an adult is presumed to have legal capacity" (RCW 11.130.037).

How to get guardianship of a child in Washington

"A person becomes a guardian for a minor only on appointment by the court" (RCW 11.130.185(1)). The court's power to appoint is limited:

(2) The court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor's best interest and: (a) Each parent of the minor, after being fully informed of the nature and consequences of guardianship, consents; (b) All parental rights have been terminated; or (c) There is clear and convincing evidence that no parent of the minor is willing or able to exercise parenting functions as defined in RCW 26.09.004.

RCW 11.130.185(2)

So a guardianship over a parent's objection, where the parent's rights have not been terminated, requires clear and convincing evidence that no parent is willing or able to exercise parenting functions, in addition to the best-interest finding.

Who may petition. Any person interested in the minor's welfare, including the minor, may petition (RCW 11.130.190).

Notice. The petition and notice of hearing must be served personally on the minor if the minor is 12 or older, on each parent, and on any person who has nonparental custody under chapter 26.10 RCW; others, such as caregivers, grandparents and adult siblings, receive mailed notice (RCW 11.130.195). The court may not grant the petition unless notice was served on:

(a) The minor, if the minor is twelve years of age or older; and (b) Each parent of the minor, unless the court finds by clear and convincing evidence that the parent cannot with due diligence be located and served or the parent waived, in a record, the right to notice.

RCW 11.130.195(3)

Lawyers. A minor 12 or older may ask for an attorney, and the court may appoint one (RCW 11.130.200). The court must appoint an attorney for a parent who has appeared in the proceeding and is indigent, if the parent objects to the guardianship, the court determines counsel is needed to make sure the parent's consent is informed, or the court otherwise determines the parent needs representation (RCW 11.130.200(5)).

Background checks. Before entering a final order, the court must direct the Department of Children, Youth, and Families to release information about every proposed guardian and every adult member of a proposed guardian's household, and must require the petitioner to provide state and national criminal history results for those same people (RCW 11.130.210(2)).

Former nonparental custody orders. Washington's former nonparental custody law, chapter 26.10 RCW, was repealed effective January 1, 2021. Orders entered under it remain in effect and do not need to be reissued, but a modification of one now follows chapter 11.130 (RCW 11.130.245).

Who is appointed. The court "shall appoint a person nominated as guardian by a parent of the minor in a probated will or other record unless the court finds the appointment is contrary to the best interest of the minor" (RCW 11.130.215(2)(a)). If the parents nominated different people, the court decides by the child's best interest. If no parent's nominee is appointed, the court "shall appoint the person nominated by the minor if the minor is twelve years of age or older unless the court finds that appointment is contrary to the best interest of the minor" (RCW 11.130.215(2)(c)).

What parents keep. The order appointing a guardian for a minor "shall state rights retained by any parent of the minor, which shall preserve the parent-child relationship through an order for parent-child visitation and other contact, unless the court finds the relationship should be limited or restricted under RCW 26.09.191 or 26.09.192" (RCW 11.130.215(4)). The court may create a limited guardianship to keep a parent involved, and each parent is entitled to notice if the guardian delegates custody, if the guardian's powers change, or if the guardian is removed (RCW 11.130.215).

Can a parent name a guardian in a will or other document?

Yes. Under RCW 11.130.215(2)(a), a parent may nominate a guardian "in a probated will or other record," and "[a]ny 'other record' must be a declaration or other sworn document and may include a power of attorney or other sworn statement as to the care, custody, or control of the minor child." The court appoints that nominee unless the appointment is contrary to the child's best interest. A power of attorney may also nominate a minor's guardian under RCW 11.125.410(2), and the most recent designation controls over a will (RCW 11.125.410).

Standby guardianship of a child

(2) A parent of a minor, in a signed record, may nominate a person to be appointed by the court as standby guardian for the minor. ... (3) The court may appoint a standby guardian for a minor on: (a) Petition by a parent of the minor or a person nominated under subsection (2) of this section; and (b) Finding that, within two years after the appointment, no parent of the minor likely will be able or willing to perform parenting functions as defined in RCW 26.09.004.

RCW 11.130.220

Once appointed, a standby guardian "may act as guardian, with all duties and powers of a guardian under RCW 11.130.230 and 11.130.235, when no parent of the minor is willing or able to exercise the duties and powers granted to the guardian" (RCW 11.130.220(1)). The minor if 12 or older, each parent and the nominee must be personally served, and anyone served may object within 60 days (RCW 11.130.220). Section 11.130.220 is a minor-guardianship provision; chapter 11.130's adult guardianship article (RCW 11.130.265 to 11.130.355) has no standby-guardian section.

Can a relative care for a child without going to court?

Washington allows a parent to delegate powers by power of attorney:

Except as otherwise provided in RCW 11.125.410, a parent of a minor, by a power of attorney, may delegate to another person for a period not exceeding twenty-four months any of the parent's powers regarding care, custody, or property of the minor, other than power to consent to marriage or adoption.

RCW 11.130.145

Section 11.130.145 itself does not set signing formalities. Washington's general power-of-attorney law is covered on our Washington power of attorney laws page. RCW 11.125.410 separately allows a parent or guardian to authorize an agent to make health care decisions for a child when no other parent or legal representative is readily available (RCW 11.125.410). A delegation by power of attorney is not a court appointment; a person becomes a guardian for a minor "only on appointment by the court" (RCW 11.130.185(1)).

Emergency guardianship of a child

The court may appoint an emergency guardian for a minor if the appointment is likely to prevent substantial harm to the minor's health, safety or welfare and no other person appears to have authority, ability and willingness to act (RCW 11.130.225(1)). The time limits are set out in the statute:

(2) The duration of authority of an emergency guardian for a minor may not exceed sixty days and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended once for not more than sixty days if the court finds that the conditions for appointment of an emergency guardian in subsection (1) of this section continue.

RCW 11.130.225(2)

Notwithstanding that limit, "the court may extend an emergency guardianship pending the outcome of a full hearing under RCW 11.130.190 or 11.130.220" (RCW 11.130.225(7)).

An appointment without notice is allowed only on an affidavit or testimony showing the minor would be substantially harmed before a hearing could be held. Notice of the appointment must then be given within 48 hours, and the court must hold a hearing on its appropriateness within five days after the appointment (RCW 11.130.225(4)).

What a child's guardian decides, and how it ends

A guardian for a minor has the powers a parent would have over the minor's support, care, education, health, safety and welfare, may consent to health care, and may take custody of the minor (RCW 11.130.235). Moving the child out of state requires authorization after following the relocation procedure in RCW 26.09.405 through 26.09.560, and the court may authorize the guardian to consent to adoption only if the minor has no parent (RCW 11.130.235).

(1) Guardianship under this chapter for a minor terminates: (a) On the minor's death, adoption, emancipation, or attainment of majority; or (b) When the court finds that the basis in RCW 11.130.185 for appointment of a guardian no longer exists, unless the court finds that: (i) Termination of the guardianship would be harmful to the minor; and (ii) The minor's interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor.

RCW 11.130.240(1)

The minor, or any person interested in the minor's welfare, including a parent, may petition to terminate or modify the guardianship, remove the guardian and appoint a successor, or remove a standby guardian and appoint a different one (RCW 11.130.240(2)).

A child's money

A full conservatorship is not always needed for small amounts. Unless the payer knows that a conservator has been appointed or a conservatorship proceeding is pending, a person required to transfer money or property to a minor may transfer up to $15,000 in a 12-month period to a person who has care or custody of the minor and with whom the minor lives, to the minor's guardian, to a custodian under the uniform transfers to minors act (chapter 11.114 RCW), or into an interest-bearing account solely in the minor's name (RCW 11.130.575(1)). The recipient may use it only for the minor's support, care, education, health or welfare (RCW 11.130.575(3)). A conservator for a minor may be appointed on a preponderance of the evidence and a best-interest finding (RCW 11.130.360).

How to become guardian of an adult in Washington

Who may petition

"A person interested in an adult's welfare, including the adult for whom the order is sought, may petition for appointment of a guardian for the adult" (RCW 11.130.270(1)). A person interested in the welfare of a minor who will reach majority within 45 days of filing may also petition, and the minor may petition on the minor's own behalf (RCW 11.130.270(2)). The petition must describe, among other things, the nature and extent of the respondent's alleged need, any protective arrangement or other less restrictive alternatives that have been considered or implemented, whether a limited or full guardianship is sought, and, for a full guardianship, why a limited guardianship is not appropriate (RCW 11.130.270(3)).

Notice, timing and the jury right

(1) All petitions filed under RCW 11.130.270 for appointment of a guardian for an adult shall be heard within 60 days unless an extension of time is requested by a party or the court visitor within such 60-day period and granted for good cause shown.

RCW 11.130.275(1)

The petition and notice of hearing must be served personally on the respondent and the court visitor "not more than five court days after the petition ... has been filed" (RCW 11.130.275(2)(a)). The notice must include "a clear and easily readable statement of the legal rights of the respondent that could be restricted or transferred to a guardian by a guardianship order as well as the right to counsel of choice and to a jury trial on whether a basis exists under RCW 11.130.265 for the appointment of a guardian and the issue of the respondent's rights that will be retained or restricted if a guardian is appointed" (RCW 11.130.275(2)(b)). The court may not grant the petition if notice substantially complying with the statute was not served on the respondent (RCW 11.130.275).

The court visitor and the professional evaluation

On receipt of a petition, the court must appoint a court visitor with training or experience in the type of abilities, limitations and needs alleged (RCW 11.130.280(1)). The visitor's fee is charged to the respondent unless that would be a hardship, in which case the county pays (RCW 11.130.280). The court must also order a professional evaluation by a licensed physician, psychologist, advanced registered nurse practitioner (a title that becomes advanced practice registered nurse on June 30, 2027) or physician assistant selected by the visitor, or by the respondent if the respondent opposes the visitor's choice (RCW 11.130.290). "The individual conducting the evaluation shall provide the completed evaluation report to the court visitor within thirty days of the examination of the respondent. The court visitor shall file the report in a sealed record with the court" (RCW 11.130.290(3)). If the respondent declines the evaluation, the court may proceed if it has sufficient information (RCW 11.130.290).

The adult's right to a lawyer (changed in 2026)

The respondent has the right to a willing attorney of the respondent's choice at any stage (RCW 11.130.285(1)). Laws of 2026, chapter 177 (ESSB 5837), effective June 11, 2026, rewrote the counsel rule. Before, the court was "not required, but may" appoint an attorney, although it had to appoint one at public expense when the respondent could not afford one, would suffer substantial hardship or lacked practical access to funds, and on its own motion when the respondent's rights and interests could not otherwise be adequately protected. Now the court must appoint an attorney, regardless of ability to pay, in these situations:

(b) Unless the respondent in a proceeding for appointment of a guardian for an adult is represented by an attorney, the court must appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, when: (i) The respondent objects to the petition or requests appointment of an attorney to the court visitor; or (ii) In the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented.

RCW 11.130.285(1)(b)

An appointed attorney is paid at public expense if the respondent cannot afford one, would suffer substantial hardship, or lacks practical access to funds (RCW 11.130.285). The court visitor must petition for an attorney within five days of meeting a respondent who objects or asks for one (RCW 11.130.285). The statute also protects preparation time: "Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation" (RCW 11.130.285(1)(e)). The attorney advocates for the respondent's wishes and, where those cannot be determined, for the least restrictive result (RCW 11.130.285).

The hearing and the burden of proof

The respondent must attend unless, after being fully informed, the respondent refuses to attend, or there is no practicable way for the respondent to attend; either exception must be shown by clear and convincing evidence (RCW 11.130.295). At the hearing the respondent may present evidence, subpoena witnesses and examine the court visitor and the evaluator (RCW 11.130.295). The court may appoint a guardian only on the findings in RCW 11.130.265:

(a) Appoint a guardian for an adult if the court finds by clear and convincing evidence that: (i) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making; (ii) Appointment is necessary to prevent significant risk of harm to the adult respondent's physical health, safety, or self-care; and (iii) The respondent's identified needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative;

RCW 11.130.265(1)(a)

"Age, eccentricity, poverty, or medical diagnosis alone are not sufficient basis" for a guardianship (RCW 11.130.265(3)), and the determination is a legal decision, not a medical one (RCW 11.130.265).

Limited guardianship comes first

The court may grant only powers that the respondent's demonstrated needs require, and "[t]he court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship, or other less restrictive alternative would meet the needs of the respondent" (RCW 11.130.265(2)).

The order must include specific findings by clear and convincing evidence that the adult's needs cannot be met by a protective arrangement or a less restrictive alternative, including supported decision making, and that notice was proper (RCW 11.130.310(1)). A limited order must list the guardian's specific powers. A full order must go further:

(3) A court order establishing a full guardianship for an adult must state the basis for granting a full guardianship and include specific findings that support the conclusion that a limited guardianship would not meet the functional needs of the adult subject to guardianship.

RCW 11.130.310(3)

Voting and marriage

The order must say whether the adult keeps the right to vote and the right to marry. Removing the right to vote requires findings that "must include a finding that the adult cannot communicate, with or without support, a specific desire to participate in the voting process" (RCW 11.130.310(1)(c)), and removing the right to marry requires supporting findings (RCW 11.130.310(1)(d)). Otherwise:

(2) An adult subject to guardianship retains the right to vote unless the order under subsection (1) of this section includes the statement required by subsection (1)(c) of this section. An adult subject to guardianship retains the right to marry unless the order under subsection (1) of this section includes the findings required by subsection (1)(d) of this section.

RCW 11.130.310(2)

Who may serve

The court considers qualified people in this order of priority:

(a) A guardian, other than a temporary or emergency guardian, currently acting for the respondent in another jurisdiction; (b) A person nominated as guardian by the respondent, including the respondent's most recent nomination made in a power of attorney; (c) An agent appointed by the respondent under a power of attorney for health care; (d) A spouse or domestic partner of the respondent; (e) A relative or other individual who has shown special care and concern for the respondent; and (f) A certified professional guardian or conservator.

RCW 11.130.305(1)

The court may decline to appoint a person with higher priority if that is in the respondent's best interest (RCW 11.130.305). Paid service providers and their family members may not be appointed unless they are related to the respondent or clear and convincing evidence shows they are the best qualified, and an owner, operator or employee of a long-term care facility where the respondent receives care "may not be appointed as guardian unless the owner, operator, or employee is related to the respondent by blood, marriage, or adoption" (RCW 11.130.305(5)).

What a guardian may decide, and the limits

Unless the order says otherwise, a guardian may decide where the adult lives, consent to health care and receive the adult's health information, and in choosing a setting must select the one the adult would choose, subject to the conditions RCW 11.130.330 sets. Some moves need more: moving the adult to a care setting that restricts the adult's ability to leave or have visitors, or selling or surrendering the adult's primary home, requires that the move be in the guardian's filed plan, a court order, or 14 days' advance notice with no objection; moving the adult out of state requires a court order (RCW 11.130.330). Consenting to acts related to marriage, divorce or adoption requires a specific court order (RCW 11.130.330).

The statute also sets outer limits:

(1) A guardian for an adult does not have the power to revoke or amend a power of attorney for health care or power of attorney for finances executed by the adult. ... (2) A guardian for an adult shall not initiate the commitment of the adult to an evaluation and treatment facility except in accordance with the provisions of chapter 10.77, 71.05, or 72.23 RCW. (3) Unless authorized by the court in accordance with subsection (4) of this section within the past thirty days, a guardian for an adult may not consent to any of the following procedures for the adult: (a) Therapy or other procedure to induce convulsion; (b) Surgery solely for the purpose of psychosurgery; or (c) Other psychiatric or mental health procedures that restrict physical freedom of movement or the rights set forth in RCW 71.05.217.

RCW 11.130.335

The court, not the guardian, may revoke or amend the adult's power of attorney (RCW 11.130.335). The adult keeps the right to associate with people of the adult's choosing (RCW 11.130.335(5)).

Plans and reports

Within 90 days after appointment, a guardian for an adult must file a plan for the adult's care, covering the living arrangement, social activities, contacts, how often the guardian will visit, goals including any restoration of rights, and the guardian's fees, and must give a copy to the adult and every notice party (RCW 11.130.340(1)). After that, the guardian files reports by the date the court sets, covering the adult's condition, living arrangements, services, visit dates, the adult's participation in decisions and a recommendation on whether the guardianship should continue (RCW 11.130.345). Notice of each report goes to the adult and notice parties within 14 days (RCW 11.130.345). When the court approves a report, it sets the next one:

(9) ... The court may set the review interval at annual, biennial, or triennial with the report due date to be within ninety days of the anniversary date of appointment.

RCW 11.130.345(9)

Emergency guardianship of an adult

The court may appoint an emergency guardian for an adult only on clear and convincing evidence that an emergency guardian is likely to prevent substantial and irreparable harm, that no protective arrangement or other less restrictive alternative will meet the needs, that no other person appears to have the authority and willingness to act, and that there is reason to believe a basis for guardianship exists (RCW 11.130.320(4)).

(8) The duration of authority of an emergency guardian for an adult may not exceed sixty days, and the emergency guardian may exercise only the powers specified in the order of appointment. Upon a motion by the petitioner, adult subject to emergency guardianship, court visitor, or the emergency guardian, with notice served upon all applicable notice parties, the emergency guardian's authority may be extended once for not more than sixty days if the court finds that the conditions for appointment of an emergency guardian in subsection (4) of this section continue. (9) Immediately on filing of a petition for appointment of an emergency guardian for an adult, the court shall appoint an attorney to represent the respondent in the proceeding.

RCW 11.130.320(8), (9)

Except as subsection (10) allows, no emergency order may be entered unless the respondent, the respondent's attorney and the court visitor have received at least 14 days' notice of the hearing, and the respondent must be personally served within two court days after the petition is filed (RCW 11.130.320). An appointment without notice is allowed only on an affidavit or testimony that the respondent will be substantially harmed before a hearing can be held, with notice of the appointment within 48 hours and a hearing on the appropriateness of the appointment within five days (RCW 11.130.320(10)). The court appoints a court visitor on every emergency petition for an adult, and the emergency guardian must file a report with the court no later than 45 days after appointment (RCW 11.130.320(11), (15)).

Ending or changing an adult guardianship

The adult, the guardian or any interested person may petition to terminate the guardianship because no basis for it under RCW 11.130.265 exists, or because termination is in the adult's best interest or for other good cause, or may petition to modify it (RCW 11.130.355). The court must hold a hearing on a petition that includes supporting allegations, although it may decline if a substantially similar petition was filed within the previous six months. It must also hold a hearing on a communication from the adult or the guardian that supports a reasonable belief that termination may be appropriate; no formal petition is needed for that (RCW 11.130.355). The burden then falls on the side opposing termination:

(4) On presentation of prima facie evidence for termination of a guardianship for an adult, the court shall order termination unless it is proven that a basis for appointment of a guardian under RCW 11.130.265 exists. (5) The court shall modify the powers granted to a guardian for an adult if the powers are excessive or inadequate due to a change in the abilities or limitations of the adult, the adult's supports, or other circumstances.

RCW 11.130.355(4), (5)

The adult may choose an attorney for the termination or modification proceeding, with fees awarded under RCW 11.130.100 (RCW 11.130.355).

Conservatorship in Washington

For an adult, the court may appoint a conservator, after notice and a hearing, only if it finds by clear and convincing evidence that the adult cannot manage property or financial affairs because of a limitation in receiving and evaluating information or making or communicating decisions, even with appropriate supportive services, technological assistance or supported decision making, or because the adult is missing, detained or unable to return to the United States, and that appointment is necessary to avoid harm to the adult or significant dissipation of property, or to obtain or provide funds needed for the support of the adult or the adult's dependents, and that the adult's identified needs cannot be met by a protective arrangement instead of conservatorship or another less restrictive alternative (RCW 11.130.360(2)). The court may not establish a full conservatorship if a limited conservatorship, a protective arrangement instead of conservatorship or another less restrictive alternative would meet the respondent's needs (RCW 11.130.360(3)).

Since June 11, 2026, the court must also appoint an attorney for a conservatorship respondent, regardless of ability to pay, when the respondent objects to the petition or asks the court visitor for an attorney, or when the court finds the respondent's rights and interests cannot otherwise be adequately protected (RCW 11.130.385(1)(b)). The same rule applies to an unrepresented respondent in a protective-arrangement proceeding (RCW 11.130.610(1)(b)).

• Bond. Except as subsections (3) and (4) provide, the court must require the conservator to furnish a bond with a surety the court specifies, or require a verified receipt, and may waive the requirement only if it finds a bond or verified receipt is not necessary to protect the person; it "may not waive the requirement if the conservator is in the business of serving as a conservator and is being paid for the conservator's service" (RCW 11.130.445(1)). Unless the court directs otherwise, the bond equals the estate's aggregate capital value plus estimated income for the accounting and report review interval, less property deposited under a verified receipt requiring a court order for its removal and real property the conservator lacks power to sell or convey without specific court authorization (RCW 11.130.445(2)). A regulated financial institution qualified to do trust business in Washington is not required to give a bond, and the court may dispense with a bond when the person's total assets are worth less than $3,000, provided the conservator swears to report changes in those assets (RCW 11.130.445(3), (4)).
• Inventory. "Not later than ninety days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate," with notice to the protected person and notice parties within 14 days (RCW 11.130.515).
• Reports and accounting. The conservator files a report by the date the court sets, on resignation or removal, on termination and at any other time the court directs, and each report includes an accounting of the estate's property, receipts, disbursements, liabilities and distributions for the period (RCW 11.130.530).
• Acts needing court approval. Except as otherwise ordered by the court, a conservator must give notice and receive specific court authorization before, among other acts, making a gift other than one of de minimis value; selling, encumbering an interest in or surrendering a lease to the person's primary dwelling; selling or encumbering an interest in other real estate; creating a trust of estate property or revoking or amending a trust revocable by the person; or electing an option or changing a beneficiary under an insurance policy or annuity (RCW 11.130.435(1)).

Protective arrangements instead of guardianship

Washington lets a court solve one problem without a full appointment. After a hearing, and on clear and convincing evidence that the respondent lacks the ability to meet essential requirements for health, safety or self-care and that the need cannot be met by a less restrictive alternative, the court may:

(a) Authorize or direct a transaction necessary to meet the respondent's need for health, safety, or care, including: (i) A particular medical treatment or refusal of a particular medical treatment; or (ii) Visitation or supervised visitation between the respondent and another person; (b) Restrict access to the respondent by a specified person whose access places the respondent at serious risk of physical, psychological, or financial harm; and (c) Reorder other arrangements on a limited basis that are appropriate.

RCW 11.130.585(2)

RCW 11.130.590 provides the counterpart for protective arrangements instead of a conservatorship.

Alternatives to guardianship in Washington

Supported decision-making agreements. Washington's statute sits inside chapter 11.130 (RCW 11.130.700 to 11.130.755). An adult with a disability may voluntarily enter an agreement with a supporter who helps the adult understand options, gather information and communicate decisions, without the supporter making the decisions (RCW 11.130.700 to 11.130.715). The formalities are set out in the statute:

(1) A supported decision-making agreement must be in writing, dated, and signed voluntarily, without coercion or undue influence, by the adult with a disability and the supporter in the presence of two or more subscribing witnesses or a notary public.

RCW 11.130.740(1)

The witnesses must be 18 or older and may not be a supporter, a supporter's employee or a paid provider of services to the adult, or a person who does not understand the adult's type of communication unless someone who understands it is present to assist during signing (RCW 11.130.740). Signing an agreement "may not be used as evidence for the petition or appointment of a guardianship or conservatorship under this chapter, and does not preclude the ability of the adult who has entered into such an agreement to act independently of the agreement" (RCW 11.130.710(3)). A person who receives the agreement "shall rely on" it, may ask a supporter for a certification under penalty of perjury, and then must accept the agreement no later than five business days after receiving the certification, unless an exception in RCW 11.130.750(5) applies, such as a refused certification, actual knowledge that the agreement or the supporter's authority has ended, a good-faith belief that the authority is not valid, or a report to the Department of Social and Health Services of suspected abuse; reliance in good faith is protected from liability (RCW 11.130.750). Laws of 2026, chapter 177 amended RCW 11.130.730 and 11.130.750, effective June 11, 2026.

Powers of attorney. A power of attorney for health care or for finances is a listed less restrictive alternative (RCW 11.130.010), its agent is high on the guardian-priority list (RCW 11.130.305(1)(c)), and a guardian cannot revoke or amend it (RCW 11.130.335(1)). Signing rules are covered on our Washington power of attorney laws page. Free tools for drafting a Washington power of attorney or a Washington advance directive are available while a person has capacity; any document must still meet the signing rules described on the linked power-of-attorney page.

Health care decisions without a guardian. For an adult patient who does not have capacity to make a health care decision, RCW 7.70.065(1)(a) sets the order of people who may give informed consent: the appointed guardian, if any; an agent under a durable power of attorney that covers health care decisions; the spouse or state registered domestic partner; adult children; parents; adult brothers and sisters; adult grandchildren who are familiar with the patient; and further classes the statute lists.

Social Security. Social Security appoints its own representative payee and may choose someone other than a court-appointed guardian (20 C.F.R. § 404.2001); our guardianship hub covers the federal layer.

Moving to or from Washington

Washington's Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act is chapter 11.90 RCW, in effect since January 1, 2010 (RCW 11.90.010). "A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (RCW 11.90.400(1)). For a guardian coming from elsewhere:

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.

RCW 11.90.420

Recent changes

• Laws of 2026, chapter 177 (ESSB 5837), effective June 11, 2026, amended RCW 11.130.275, 11.130.285, 11.130.385 and 11.130.610, making appointment of counsel mandatory for a guardianship, conservatorship or protective-arrangement respondent who objects or asks for one, and amended other adult guardianship, conservatorship, protective-arrangement and supported decision-making sections, including RCW 11.130.280, 11.130.310, 11.130.730 and 11.130.750.
• Laws of 2024, chapter 267 amended sections including RCW 11.130.270, 11.130.280, 11.130.320 and 11.130.345.
• Laws of 2022, chapter 243 amended sections including RCW 11.130.010, 11.130.215 and 11.130.225.

Washington guardianship at a glance

Related Washington pages

• Guardianship laws by state
• Washington power of attorney laws
• Washington child custody laws
• Washington grandparents' rights
• Washington probate
• Oregon guardianship laws
• Idaho guardianship laws

This article provides general legal information about Washington guardianship and conservatorship law, not legal advice. Cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Washington or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

What must be proved to get guardianship of an adult in Washington?

Clear and convincing evidence that the respondent cannot meet essential requirements for physical health, safety or self-care even with appropriate supportive services, technological assistance or supported decision making, that appointment is necessary to prevent significant risk of harm, and that the needs cannot be met by a protective arrangement or other less restrictive alternative (RCW 11.130.265(1)).

Does the person get a lawyer in a Washington guardianship case?

The respondent may hire an attorney at any stage. Since June 11, 2026, if the respondent is unrepresented, the court must appoint an attorney, regardless of ability to pay, when the respondent objects to the petition or asks the court visitor for one, or when the court believes the respondent's rights cannot otherwise be adequately protected (RCW 11.130.285). In an emergency guardianship, the court appoints an attorney immediately on filing (RCW 11.130.320(9)).

How long can a parent delegate care of a child by power of attorney in Washington?

Up to 24 months under RCW 11.130.145, covering powers over the child's care, custody or property, but not the power to consent to marriage or adoption, and subject to RCW 11.125.410 on health care agents for children.

How do I get guardianship of my grandchild in Washington?

Any person interested in the child's welfare may petition (RCW 11.130.190). The court may appoint a guardian only if it is in the child's best interest and each parent consents after being fully informed, parental rights have been terminated, or there is clear and convincing evidence that no parent is willing or able to exercise parenting functions (RCW 11.130.185(2)). The child if 12 or older and each parent must be personally served unless an exception in RCW 11.130.195(3) applies.

Can a parent name a guardian for a child in Washington?

Yes. The court appoints a person a parent nominated in a probated will or other record, which must be a declaration or other sworn document, unless the appointment is contrary to the child's best interest (RCW 11.130.215(2)(a)). A parent may also nominate a standby guardian in a signed record, but a court must appoint the standby guardian (RCW 11.130.220).

Does a person under guardianship in Washington lose the right to vote?

An adult subject to guardianship retains the right to vote unless the order removes it with findings that include a finding that the adult cannot communicate, with or without support, a specific desire to participate in the voting process (RCW 11.130.310(1)(c), (2)).

How long does an emergency guardianship last in Washington?

For an adult, no more than 60 days, extendable once for not more than 60 days if the conditions for appointment continue (RCW 11.130.320(8)). For a minor, the same 60-day limit and single extension apply, but the court may also extend a minor's emergency guardianship pending the outcome of a full hearing on a guardianship or standby petition (RCW 11.130.225(2), (7)).

What is a supported decision-making agreement in Washington?

A written agreement in which an adult with a disability chooses a supporter to help with understanding options, gathering information and communicating decisions, while the adult keeps making the decisions. It must be dated and signed voluntarily before two or more subscribing witnesses or a notary public (RCW 11.130.740).

How can a guardianship of an adult be ended in Washington?

The adult, the guardian or any interested person may petition, and the adult or guardian may simply send the court a communication supporting a reasonable belief that termination may be appropriate. On prima facie evidence for termination, the court must terminate unless it is proven that a basis for guardianship under RCW 11.130.265 exists (RCW 11.130.355).