Washington Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Washington court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, chapter 11.130 RCW

By Settled Estate EditorialPublished: June 28, 2026Updated: August 7, 2026

What guardianship and conservatorship mean here

Guardianship in Washington is a case in the superior court of the county where the person lives. Washington rewrote this area of law in 2019 and again in 2020, replacing the old guardianship chapters with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, chapter 11.130 RCW, effective for cases commenced after January 1, 2022. Under that act an adult is presumed to have legal capacity, and a judge may appoint a guardian only on clear and convincing evidence that the adult cannot meet essential requirements for physical health, safety, or self-care even with supportive services, technological assistance, or supported decision making, and that no protective arrangement or other less restrictive alternative would meet those needs. In an adult guardianship case the court appoints a court visitor and orders a professional evaluation on receipt of the petition, the petition must be heard within 60 days of filing, and the order lists each power the guardian receives. Washington also gives a person under guardianship an unusual set of retained rights: the right to vote and the right to marry survive unless the order makes specific findings removing them.

Washington splits the job in two. A guardian makes decisions about personal affairs, meaning care, housing, and health, while a conservator makes decisions about property and financial affairs. One case can produce both, and a person can have a guardian without a conservator or the reverse. When the court grants some but not all of the available powers the case is a limited guardianship or limited conservatorship, and the order has to state the specific powers granted. The act adds a third, lighter category called a protective arrangement, which is a one-off court order authorizing a particular transaction or restriction instead of appointing anyone. The statute never uses the word ward: the person is a respondent while the petition is pending and an adult subject to guardianship, an individual subject to conservatorship, or a minor subject to guardianship afterward. The old vocabulary from RCW 11.88 and RCW 11.92, including incapacitated person, belongs to chapters that no longer exist, so a page or form using it predates 2022.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Conservatorship for an adult

Management of the adult's property and financial affairs, with a list of heavier powers reserved to the court, so that selling or encumbering the person's home or other real estate, making anything more than a de minimis gift, creating or amending a trust, exercising a power of appointment, or changing a beneficiary or surrendering an insurance policy or annuity each need notice and specific court authorization first. The court finds by clear and convincing evidence that the adult cannot manage property or financial affairs, that appointment is needed to avoid harm or significant dissipation of property or to obtain funds for the adult's support, and that the needs cannot be met by a protective arrangement or other less restrictive alternative. A conservatorship can be full or limited on the same terms as a guardianship.

RCW 11.130.420

Limited guardianship of an adult

Only the specific powers the order names, with everything else left with the adult. The court grants some but not all guardianship powers. This is the default the statute pushes toward: an order establishing a full guardianship must state its basis and include specific findings explaining why a limited guardianship would not meet the adult's functional needs, and an order establishing a limited guardianship must state the specific powers granted.

RCW 11.130.310

Full guardianship of an adult

Personal decisions for the adult, which may include establishing where the adult lives, consenting to health or other care and treatment, applying for and receiving benefits as a representative payee, compelling support payments where no conservator is serving, and receiving the adult's health care information. The court finds by clear and convincing evidence that the adult cannot meet essential requirements for physical health, safety, or self-care, that appointment is necessary to prevent significant risk of harm, and that no protective arrangement or other less restrictive alternative will do, and it makes the specific findings the statute requires before a full rather than limited guardianship may be ordered.

RCW 11.130.330

More guardianship types14 additional arrangements courts use in specific situations, with statute cites

Conservatorship for a minor

Management of a minor's property or financial affairs, with no authority over the child's person. The court finds by a preponderance of the evidence that appointment is in the minor's best interest and that the minor owns funds or property needing management, has financial affairs at unreasonable risk because of the minor's age, or needs funds obtained or provided for support, care, education, health, or welfare. Where a parent exists the court gives weight to the parent's recommendation.

RCW 11.130.360

Emergency guardianship of an adult

Only the specific powers named in the order, granted to meet an identified emergency need and prevent substantial and irreparable harm. The court makes specific findings on clear and convincing evidence that an emergency exists, that the need cannot be met by a protective arrangement or other less restrictive alternative, that nobody else has the authority and willingness to act, and that there is reason to believe a basis for an ordinary guardianship exists. Authority runs no more than 60 days and may be extended once for no more than 60 days.

RCW 11.130.320

Emergency conservatorship

Only the specific powers named in the order, aimed at the identified financial emergency. The financial equivalent of an emergency guardianship, on the same 60-day clock and the same single 60-day extension, with the emergency conservator required to file a report no later than 45 days after appointment and a second report no later than 45 days after any extension.

RCW 11.130.430

Temporary substitute guardian or conservator

The powers of the guardian or conservator being replaced, for a fixed period of no more than six months. A proceeding to remove the sitting guardian or conservator is pending, or the court finds the guardian or conservator is not effectively performing the job and the welfare of the person, or of the conservatorship estate, requires immediate action. This is a substitution tool, not an emergency appointment for someone who has no fiduciary at all.

RCW 11.130.130

Protective arrangement instead of guardianship

A single court order authorizing or directing a specific transaction, such as a particular medical treatment or a refusal of it, or ordering visitation or supervised visitation, or restricting access by a person who places the adult at serious risk of physical, psychological, or financial harm. The court makes the same clear and convincing finding about the adult's abilities but concludes the identified need can be handled by a targeted order rather than by appointing anyone. Nobody is appointed and no ongoing authority is created.

RCW 11.130.585

Protective arrangement instead of conservatorship

A one-off order authorizing a specific property or financial transaction, or the appointment of a special agent to carry one out. An adult or minor has a discrete financial problem that a single authorized transaction will solve, so an open-ended conservatorship with its bond, inventory, plan, and annual accounting is not necessary.

RCW 11.130.590

Guardianship of a minor

The duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare, including custody, choice of dwelling within Washington, consent to care and treatment, and receipt of benefits payable for the child's support. Appointment is in the minor's best interest and either every parent consents after being fully informed of the nature and consequences of guardianship, or all parental rights have been terminated, or clear and convincing evidence shows no parent is willing or able to exercise parenting functions.

RCW 11.130.185

Limited guardianship of a minor

Only the powers the order leaves with the guardian after the court has limited the ordinary set. The court decides, at appointment or later and on its own motion or anyone's, that limiting the guardian's powers will help maintain or encourage a parent's involvement in the child's life or develop the minor's self-reliance, or for other good cause. The court may also add powers back the same way.

RCW 11.130.215

Standby guardian for a minor

The full duties and powers of a minor's guardian, but only once no parent is willing or able to exercise them. A parent nominates someone in a signed record and the court finds that within two years no parent will likely be able or willing to perform parenting functions. The appointment sits dormant, and the standby guardian must file an acceptance and give notice before taking over.

RCW 11.130.220

Emergency guardian for a minor

Only the powers named in the order. The court finds that appointment is likely to prevent substantial harm to the minor's health, safety, or welfare and that nobody else has the authority, ability, and willingness to prevent it. Authority runs no more than 60 days and may be extended once for no more than 60 days, and the appointment is expressly not a determination that a basis for an ordinary minor guardianship exists.

RCW 11.130.225

Guardian nominated by a parent in a will or other signed record

The same duties and powers as any court-appointed guardian for a minor, subject to whatever limits the court sets. A parent names a guardian for a minor child in a probated will or another sworn record, which the statute says may include a power of attorney or another sworn statement about the care, custody, or control of the child. The court must appoint that nominee unless it finds the appointment contrary to the child's best interest.

RCW 11.130.215

Public guardianship or public conservatorship

Guardianship, conservatorship, decision-making assistance, or estate administration services delivered under contract by certified professional guardians and conservators, with monthly visits required for the provider to be compensated. The person is 18 or older, has income no greater than 200 percent of the federal poverty level or receives long-term care services through the Department of Social and Health Services, and there is nobody else qualified who is willing and able to serve. The Office of Public Guardianship and Conservatorship contracts for the service; it never petitions for an appointment and never serves as the guardian itself, and the program depends on legislative appropriation rather than creating an entitlement.

RCW 2.72.030

Guardianship involving a veteran

Guardianship of a beneficiary of United States Department of Veterans Affairs benefits, run under a separate chapter that predates chapter 11.130 RCW. Chapter 11.130 RCW itself directs the reader to the Uniform Veterans' Guardianship Act for guardianships involving veterans, so a family handling a veteran's benefits should check that chapter as well as this one.

RCW 11.130.175

Vulnerable youth guardianship (ages 18 to 21)

A voluntary guardianship for a young adult, established in juvenile court rather than under chapter 11.130 RCW. A person between 18 and 21 who is prima facie eligible to apply for special immigrant juvenile classification asks the court for the support of a responsible adult, and the proposed guardian, who must be 21 or older, joins the petition. There is no filing fee for a vulnerable youth guardianship petition.

RCW 13.90.020

The Washington guardianship court process

1File the petition in the superior court of the right countyA person interested in the adult's welfare, including the adult, files a petition for appointment of a guardian in the superior court for the county where the respondent resides.

A person interested in the adult's welfare, including the adult, files a petition for appointment of a guardian in the superior court for the county where the respondent resides. The petition has to name the respondent's close family and anyone already holding authority, describe the respondent's alleged needs and the specific powers requested, and explain which less restrictive alternatives were considered and why each is insufficient. The statewide pattern petition is GDN C 102, Petition for Guardianship, Conservatorship, and/or a Protective Arrangement.

2The court appoints a court visitor and sets the hearingOn receipt of the petition the court must appoint a court visitor with training or experience in the abilities, limitations, and needs the petition alleges, and the order appointing the visitor must set the hourly rate and the maximum the visitor may charge without further court approval.

On receipt of the petition the court must appoint a court visitor with training or experience in the abilities, limitations, and needs the petition alleges, and the order appointing the visitor must set the hourly rate and the maximum the visitor may charge without further court approval. The visitor has five days from receiving notice of appointment to file and serve a statement of training, ten-year criminal history, hourly rate, prior contact with any party, and any apparent conflict, and any party then has three days to move to remove the visitor for lack of expertise, an unreasonable rate, or a conflict.

3Serve the petition and the rights notice on the respondentA copy of the petition and notice of the hearing must be personally served on the respondent and the court visitor not more than five court days after filing.

A copy of the petition and notice of the hearing must be personally served on the respondent and the court visitor not more than five court days after filing. The notice must be a clear, easily readable statement of the legal rights the guardianship could restrict or transfer, including the right to counsel of choice and to a jury trial on whether a basis for guardianship exists, it must follow the statutory form, and it must be double-spaced in type no smaller than 16 point. The court may not grant the petition if notice substantially complying with that subsection was not served.

4An attorney is appointed for the respondentThe respondent may be represented by a willing attorney of their own choosing at any stage.

The respondent may be represented by a willing attorney of their own choosing at any stage. Since June 11, 2026 the court must appoint an attorney for an unrepresented respondent, regardless of ability to pay, when the respondent objects to the petition or asks the court visitor for a lawyer, or when the court concludes the respondent's rights and interests cannot otherwise be adequately protected. That appointment is at public expense if the respondent cannot afford an attorney, if the cost would be a substantial hardship, or if the respondent has no practical access to funds. Where the respondent objects or asks for counsel, the court visitor must petition for appointment within five days of meeting the respondent, and counsel must be in place long enough before the final hearing to prepare, with less than three weeks presumed inadequate.

5A professional evaluation is orderedOn receipt of the petition, and at the same time it appoints the court visitor, the court must order a professional evaluation of the respondent.

On receipt of the petition, and at the same time it appoints the court visitor, the court must order a professional evaluation of the respondent. The examiner is a licensed physician, psychologist, advanced practice registered nurse, or physician assistant chosen by the court visitor and free of any conflict; if the respondent objects to that choice, the visitor must obtain an evaluation from a professional the respondent selects, and may then get a supplemental evaluation from a different professional. The report is due to the court visitor within 30 days of the examination and is filed under seal. If the respondent declines to participate, the court may still proceed if it has enough information to determine the respondent's needs and abilities.

6The court visitor investigates and reportsThe court visitor must interview the respondent in person and explain, in the way the respondent best understands, the substance of the petition, the nature and effect of the proceeding, the respondent's rights at the hearing including counsel of choice and a jury trial, and the general powers and duties of a guardian.

The court visitor must interview the respondent in person and explain, in the way the respondent best understands, the substance of the petition, the nature and effect of the proceeding, the respondent's rights at the hearing including counsel of choice and a jury trial, and the general powers and duties of a guardian. The visitor also interviews the petitioner and proposed guardian, attempts to visit the respondent's dwelling, gathers information from treating professionals, and files a report that must include what the respondent can manage alone or with support, whether a protective arrangement or other less restrictive alternative would work, and a recommendation on the appointment.

7The hearingThe hearing may not go forward unless the respondent attends, and if attending at the courthouse is not reasonably feasible the court must make reasonable efforts to hold it somewhere convenient or let the respondent appear by real-time audiovisual technology.

The hearing may not go forward unless the respondent attends, and if attending at the courthouse is not reasonably feasible the court must make reasonable efforts to hold it somewhere convenient or let the respondent appear by real-time audiovisual technology. It proceeds without the respondent only on clear and convincing evidence that the respondent refused to attend after being fully informed, or that there is no practicable way to attend and participate even with supportive services and technology. The respondent may be assisted by a person of their choosing, assistive technology, or an interpreter, may choose an attorney, and may present evidence, subpoena witnesses and documents, and examine witnesses including the evaluator and the court visitor.

8The order, power by powerAn order appointing a guardian for an adult must contain a specific finding on clear and convincing evidence that the identified needs cannot be met by a protective arrangement or other less restrictive alternative including supportive services, technological assistance, or supported decision making, and a specific finding that the respondent received proper notice.

An order appointing a guardian for an adult must contain a specific finding on clear and convincing evidence that the identified needs cannot be met by a protective arrangement or other less restrictive alternative including supportive services, technological assistance, or supported decision making, and a specific finding that the respondent received proper notice. It must state whether the adult keeps the right to vote and the right to marry, and the adult keeps both unless the order makes the required findings removing them. A full guardianship order must explain why a limited one would not meet the adult's functional needs; a limited guardianship order must list the specific powers granted. The order also fixes the plan due date, the reporting interval, the report due date, the court's review date, and the expiration date of the letters.

9Letters of office, and a bond if there is a conservatorshipThe court issues letters of guardianship once the guardian files an acceptance of appointment, and letters of conservatorship once the conservator files an acceptance and any required bond or other verified receipt.

The court issues letters of guardianship once the guardian files an acceptance of appointment, and letters of conservatorship once the conservator files an acceptance and any required bond or other verified receipt. Limits on the guardian's or conservator's powers must appear on the letters themselves, and a guardian or conservator may not act at all without valid letters. Where a conservator is appointed the court must require a bond with a surety, or a verified receipt, unless it finds one is not needed to protect the individual's interests, and it may not waive the requirement for a paid professional conservator except in the narrow cases the statute names.

10Give the adult the notice of rightsNot later than 14 days after appointment, the guardian must give the adult, and everyone the order names as a notice party, a copy of the order and a statement of the adult's rights and how to seek relief if they are denied.

Not later than 14 days after appointment, the guardian must give the adult, and everyone the order names as a notice party, a copy of the order and a statement of the adult's rights and how to seek relief if they are denied. That statement must be in at least 16-point type, in plain language, and to the extent feasible in a language the adult is proficient in, and it must spell out the right to seek termination or modification and to choose an attorney for that purpose, the right to be involved in decisions, the right to 14 days' notice before a change of primary dwelling or a permanent move to a restrictive facility, and the right to object to such a move.

11File the guardian's plan within 90 daysWithin 90 days of appointment the guardian must file a plan for the adult's care and give a copy to the adult and every notice party within 14 days of filing, with a statement of the right to object.

Within 90 days of appointment the guardian must file a plan for the adult's care and give a copy to the adult and every notice party within 14 days of filing, with a statement of the right to object. The plan covers the living arrangement, services and supports, social and educational activities, the people the adult has close relationships with and how visits will be facilitated, how often the guardian will visit and communicate, goals including any goal of restoring the adult's rights, whether the adult has a plan of their own and whether the guardian's plan is consistent with it, and what the guardian proposes to charge for each service. The court may not approve the plan until 30 days after it is filed. A conservator files a comparable plan and a detailed inventory of the estate on the same 90-day clock.

12Report on the schedule the order sets, and stay under court reviewThe guardian files a report by the date the court set, covering the adult's mental, physical, and social condition, living arrangements, the supports and services provided including supported decision making and technological assistance, the dates of the guardian's visits, how far the adult participated in decisions, any gift or benefit the guardian or a household member received from someone providing goods or services to the adult, any delegation of a power, a copy of the most recently approved plan with any deviations explained, and a recommendation on whether the guardianship is still needed.

The guardian files a report by the date the court set, covering the adult's mental, physical, and social condition, living arrangements, the supports and services provided including supported decision making and technological assistance, the dates of the guardian's visits, how far the adult participated in decisions, any gift or benefit the guardian or a household member received from someone providing goods or services to the adult, any delegation of a power, a copy of the most recently approved plan with any deviations explained, and a recommendation on whether the guardianship is still needed. Notice and a copy go to the adult and every notice party within 14 days of filing. The reporting interval may be annual, biennial, or triennial; the report is due within 90 days after each anniversary of appointment and the court must review it within 120 days after that anniversary.

How long it takes

Washington puts a hard outer bound on the front end of an adult case: a petition for appointment of a guardian for an adult must be heard within 60 days of filing, and that deadline moves only if a party or the court visitor asks for more time within the 60-day window and the court grants it for good cause. Inside that window the petition and hearing notice must be personally served on the respondent and the court visitor within five court days of filing, the court appoints a court visitor and orders a professional evaluation on receipt of the petition, and the evaluator has 30 days from the examination to deliver the report. So an uncontested Washington adult guardianship commonly reaches an order within about two to three months of filing. A contested case runs longer, and the statute itself signals why: an appointed attorney must have adequate time to prepare, and less than three weeks before a final hearing is presumed inadequate by a reviewing court. Four to twelve months is a general range for contested guardianships and is not a Washington-published figure. After appointment the calendar is fixed by statute: the guardian's plan is due within 90 days, the guardian's report within 90 days after each anniversary, the court's review of that report within 120 days after the anniversary, and the original letters of office expire 180 days after the anniversary date of appointment.

Hearing on an adult guardianship petition: Within 60 days of filing, unless a party or the court visitor requests more time within that 60-day period and the court grants it for good cause
Personal service of the petition and notice: Not more than five court days after the petition is filed, on the respondent and the court visitor
Court visitor disclosure statement: Filed and served within five days of the visitor receiving notice of appointment, with three days after that for any party to move to remove the visitor
Professional evaluation report: Delivered to the court visitor within 30 days of the examination of the respondent
Attorney preparation time: Less than three weeks between appointment of counsel and a final hearing is presumed by a reviewing court to be inadequate time for consultation and preparation
Court visitor appointment in an emergency case: Notice of the appointment must be served on the visitor within two days, and the visitor's report is due at least seven days before the emergency hearing
Notice before an emergency guardianship hearing: At least 14 days to the respondent, the respondent's attorney, and the court visitor, with the emergency petition personally served not more than two court days after filing
Emergency appointment made without notice: Notice of the appointment within 48 hours, and a hearing on whether the appointment was appropriate within five days
Emergency guardianship or conservatorship: No more than 60 days, extendable once for no more than 60 days
Emergency guardian or conservator report: No later than 45 days after appointment, and again no later than 45 days after any extension is granted
Temporary substitute guardian or conservator: No more than six months
Notice of the appointment order and rights: Within 14 days after appointment, to the adult and every notice party
Guardians plan: Filed within 90 days after appointment; notice and a copy go out within 14 days of filing, and the court may not approve it until 30 days after filing
Conservators plan and inventory: Both filed within 90 days after appointment, with notice and copies within 14 days of filing
Guardians report: Due within 90 days after the anniversary date of appointment, on an annual, biennial, or triennial interval set by the order
Court review of the report: Within 120 days after the anniversary date of appointment
Expiration of the original letters of office: 180 days after the anniversary date of appointment
Notice of a substantial change or change of residence: Filed with the court within 30 days, with five business days for the notice-party alerts about a move, an acute hospital admission, an emergency room stay over 24 hours, or a death
Objection to a standby minor guardianship: Within 60 days after service of the petition and statement
Minor guardianship letters: Expire on the minor's eighteenth birthday
Parental delegation by power of attorney: No longer than 24 months
Repeat petition to terminate: The court may decline to hold a hearing if a petition on the same or substantially similar facts was filed in the preceding six months
Uncontested adult appointment: About 2 to 3 months from filing to an order in a case nobody contests, driven by the statutory 60-day hearing deadline plus the time to serve, evaluate, and enter the order
Contested case: 4 to 12 months (general range, not a Washington-published figure)
Planning documents: A power of attorney, health care directive, or supported decision-making agreement can be signed in a few weeks and takes no court time at all

Alternatives to consider before guardianship

Supported decision-making agreement

A written agreement in which an adult with a disability authorizes one or more supporters to help understand options, responsibilities and consequences, to gather and obtain relevant records including medical, psychological, financial, educational, and treatment records, to help the adult understand that information, and to help communicate the decision the adult makes. Washington enacted a supported decision-making statute rather than leaving this to practice, and the legislature said in the statute that its purpose is to recognize a less restrictive alternative to guardianship. The supporter never decides for the adult. The agreement must be signed voluntarily, without coercion or undue influence, before two adult witnesses or a notary, and the witnesses may not include the supporter. A person who receives the agreement must rely on it, may ask the supporter for a certification under penalty of perjury and rely on that without further investigation, must accept the agreement within five business days of receiving the certification, and may not demand a different form. Since June 11, 2026 a person who refuses in violation of the statute faces a court order compelling acceptance and liability for the reasonable attorneys' fees and costs of the action that establishes the agreement's validity. The Washington Courts publish a statewide motion and order for supported decision making, OPA 100 and 101.

RCW 11.130.715

Washington power of attorney for finances

Financial and property decisions handled by an agent you choose while you still have capacity, under the Uniform Power of Attorney Act. No court case, no court visitor, no professional evaluation, and no annual reporting to a judge. The same document can nominate your future conservator or guardian, and under RCW 11.125.080 the court shall appoint according to your most recent nomination except for good cause shown or disqualification. A later court appointment does not end the power of attorney: your agent keeps acting, becomes accountable to the fiduciary as well as to you, and only the court can limit, suspend, or terminate that authority. A guardian cannot revoke or amend it, and where the agent is authorized to act, the agent's decision takes precedence over the guardian's unless a court orders otherwise.

chapter 11.125 RCW

Power of attorney for health care

Health care decisions made by an agent you name, including acting as your personal representative for HIPAA purposes and giving informed consent on your behalf. This is the strongest alternative Washington offers on the medical side, because it outranks a guardian. If a power of attorney for health care is in effect, the agent's health care decision takes precedence over the guardian's unless a court orders otherwise, and the guardian must cooperate with the agent as far as feasible. An agent appointed under a health care power of attorney also sits third on the statutory priority list for appointment as guardian. Washington bars certain people from serving as your health care agent, including your physicians and the owners, administrators, and employees of the facility where you live or receive care, unless they are close family.

RCW 11.125.400

Health care directive under the Natural Death Act

Written instructions about life-sustaining treatment that speak for you when you cannot. A directive records your own treatment wishes in advance, which is exactly what a Washington guardian is required to follow: the guardian must make the decision you would have made, based on your previous and current directions, preferences, opinions, values, and actions, before falling back on best interests. Pairing a directive with a power of attorney for health care means both the instruction and the decision-maker come from you rather than from a judge.

chapter 70.122 RCW

Protective arrangement instead of guardianship or conservatorship

A single court order authorizing or directing a specific transaction, ordering or supervising visitation, restricting access by a person who puts the adult at serious risk, or appointing a special agent to carry out one property transaction. This is the option the statute pushes the court toward when a real problem exists but an ongoing fiduciary is more than the problem needs. Nobody is appointed, no letters issue, and there is no plan, bond, inventory, annual report, or expiring authority to maintain. A court hearing a guardianship petition may order a protective arrangement instead, and a person may petition for one directly.

RCW 11.130.580

Representative payee

Receipt and management of a federal benefit by a payee the paying agency appoints. Washington names appointment of a representative payee in the statutory definition of a less restrictive alternative, so it is one of the options a court weighs before appointing anyone. It reaches only the benefit involved, costs nothing in court, and removes no other legal right. A guardian for an adult may apply for and receive funds as a representative payee where no conservator is serving, which means the same job often gets done without the guardianship.

RCW 11.130.010

Limited rather than full guardianship or conservatorship

Only the specific powers the judge lists in the order, with the rest left where they are. When some court involvement is unavoidable, this is the least restrictive version of it, and Washington makes it the default. The court may grant only the powers the person's demonstrated needs require, may not establish a full guardianship if a limited one would meet those needs, and must include specific findings explaining why a limited guardianship would not work before it may order a full one.

RCW 11.130.310

Delegation of parental powers by power of attorney

A parent handing another adult the parent's powers over a minor's care, custody, or property for up to 24 months, other than the power to consent to marriage or adoption. For a temporary caregiving arrangement, such as a deployment, a medical absence, or a stay with relatives, this does much of what a minor guardianship would do with no petition, no hearing, and no court file, and the parent can revoke it. It is the right tool when the arrangement is genuinely temporary and everyone agrees.

RCW 11.130.145

Uniform Transfers to Minors Act custodial account

Money or property held for a child by a custodian until the child reaches the age the transfer specifies. For a child who has come into money, a custodial transfer often does the whole job a minor conservatorship would do, with no petition, no bond, no inventory, no plan, and no annual accounting to the superior court. Washington's guardianship act expressly lists a custodian under the Uniform Transfers to Minors Act as one of the four recipients who may take a transfer of up to fifteen thousand dollars a year for a minor without any conservator being appointed.

chapter 11.114 RCW

Small transfers to a minor without a conservator

A transfer of up to fifteen thousand dollars in value in any twelve-month period to a person who has care or custody of the minor and lives with the minor, to the minor's guardian, to a custodian under the Uniform Transfers to Minors Act, or into an interest-bearing account or certificate solely in the minor's name. This is the statutory escape hatch for the most common reason families open a minor conservatorship, which is an inheritance, insurance payout, or settlement arriving for a child. Below the threshold nobody needs a court case, and the person who transfers the funds is not responsible for how they are applied. The recipient may use the money only for the minor's support, care, education, health, or welfare, must preserve the balance, and must hand it over when the minor becomes an adult or is emancipated.

RCW 11.130.575

Planning ahead: naming a guardian in advance

Naming a guardian in advance: Washington lets you name your own guardian or conservator in advance, and in a power of attorney that choice binds the court. Under RCW 11.125.080 a principal may nominate a conservator of the estate or a guardian of the person in a power of attorney, and except for good cause shown or disqualification the court shall make its appointment in accordance with the principal's most recent nomination. The guardianship act reinforces that from the other side by putting a person nominated by the respondent, including the most recent nomination in a power of attorney, at the top of the priority list ahead of a spouse or domestic partner. If more than one nomination exists, the latest in time governs. A later appointment does not cancel the power of attorney: the agent keeps acting and becomes accountable to the court-appointed fiduciary as well as to the principal, unless the court limits, suspends, or terminates that authority.

Guardianship costs

Court filing fee: $290 collected at filing in superior court, made up of the $200 first-document case-initiation fee in RCW 36.18.020(2)(a) plus the $40 surcharge required by RCW 36.18.020(5)(c) and the $50 surcharge required by RCW 36.18.020(6). The same $200 base applies to a probate proceeding under RCW 36.18.020(2)(f), so the classification does not change the number
County courthouse facilitator surcharge: Up to $20 more, where the county has created a guardianship and conservatorship courthouse facilitator program and imposed the surcharge authorized by RCW 11.130.165
Filing fee waived for a small estate: No filing fee at all where the petition alleges the respondent has total assets of a value of less than three thousand dollars, under RCW 11.130.170(2)
Filing fee waived for a relative in a minor case: No filing fee for a guardianship or conservatorship petition under the minor guardianship article where the potential guardian is a relative and not a professional guardian or conservator, under RCW 11.130.170(3)
Filing fee waived for publicly funded guardianship: Court costs and filing fees are waived in any proceeding in which the person is receiving publicly funded guardianship services, under RCW 2.72.040
Vulnerable youth guardianship filing fee: No fee is associated with filing a vulnerable youth guardianship petition, under RCW 13.90.020(4)
Professional evaluation: $500 - $2,000 for a private evaluation (national range; Washington publishes no rate). Washington orders a professional evaluation in every adult guardianship case, and the examiner is chosen by the court visitor rather than by the petitioner
Court visitor fee: Set case by case: the order appointing the court visitor must specify the hourly rate and the maximum the visitor may charge without further court review, and any party may move within three days of the visitor's disclosure to remove the visitor for charging an hourly rate higher than is reasonable for the proceeding
Attorney fees for the petitioner: $3,000 - $8,000+ for an uncontested adult guardianship (national range, not a Washington published rate); a contested case runs higher
Attorney for the respondent: Paid from the respondent's own property unless the appointment is at public expense, which the statute requires where the respondent cannot afford an attorney, where the cost would be a substantial hardship, or where the respondent has no practical access to funds
Conservator bond premium: 0.5% - 1% of the value of the estate each year where the court requires a surety (national range). RCW 11.130.445 sets the amount at the aggregate capital value of the estate plus estimated income for the reporting interval, less protected property, and allows collateral in place of a surety
Guardian or conservator compensation: Reasonable compensation approved by the court under RCW 11.130.105; Washington sets no percentage, caps it at the typical community rate for comparable services, and caps it further for a person on Medicaid long-term care or in the public guardianship program
Annual reporting costs: $1,000 - $2,500 per year where a professional guardian or an accountant prepares the report and accounting (national range)
Guardianship training: No cost. The standardized training video or webcast that a nonprofessional guardian or conservator must complete is provided at no cost under RCW 11.130.090(2)
Planning documents instead: A power of attorney, a health care directive, or a supported decision-making agreement can be signed in a few weeks, takes no court time at all, and is far cheaper than any guardianship

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Washington?

What are the alternatives to guardianship in Washington?

Less restrictive alternatives in Washington include Supported decision-making agreement, Washington power of attorney for finances, Power of attorney for health care, Health care directive under the Natural Death Act. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Washington guardianship process take?

Do I need a lawyer to file for guardianship in Washington?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Washington courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Washington: what is the difference?

Statutes and sourcesOfficial references used for this page

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Information current as of August 7, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Washington can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.