Updated Law

In 2021, the State of Washington updated its Adult and Minor Guardianship Law and rolled out uniform requirements for those acting as guardians and conservators on the behalf of adults and minors. RCW 11.130.

  • A Guardian serves as an agent for an Individual subject to guardianship and is responsible for assisting the individual with meeting basic needs for health, social engagement, living arrangements, and many personal aspects of life and well-being.
  • A Conservator serves as the agent who manages and oversees the finances, accounting, tax filings, and property management of an individual.

Often, a qualified person serves as both the Guardian and Conservator for an Individual. The types of tasks may vary depending on the specific needs of the Individual; however, the Guardian/Conservator must familiarize themselves with the Individual and ensure adequate measures are put into place to maintain continuity in caregiving. This is not an easy process and any relative, friend, or professional taking on this job must be ready to meet the challenge.

Generally, any suitable person over the age of 21 may be qualified to serve as a Guardian. Suitability is determined by the facts, circumstances, backgrounds, and any relevant information the court considers when appointing a Guardian or Conservator. The crucial piece here is that the Petitioner (the person seeking to appoint a Guardian) has an interest in the Individual’s welfare. The person named Guardian and Conservator must demonstrate a willingness and ability to serve and won’t have significant issues come up in a background check that would prevent appointment. Co-guardians may serve together and may designate successor guardians in the event that the primaries are unable to serve at a later date. Below are just a few frequently asked questions (FAQs) to help shape this conversation.

FAQs

1. When may a guardianship/conservatorship be appropriate?

  • When there has been a professional determination that an individual is incapable of adequately caring for their safety, health, daily needs, or financial matters.

2. What are other Protective Arrangements and Less Restrictive Alternatives?

  • Guardianships and conservatorships have serious restrictions on an individual’s liberties and should not be taken lightly. The courts require that other, less restrictive arrangements be considered such as powers of attorney or supported decision-making agreements. These arrangements may accommodate more specific needs to help an individual without opening a full guardianship. While these are less restrictive options, it still may not be feasible that an individual can understand these decisions in a meaningful way.

3. What steps should be taken to prepare for a guardianship discussion with or about a loved one?

  • Most importantly, ensure each person involved understands their role. An individual will only benefit by having family members play a supporting role. Physicians or healthcare providers can take on medical diagnosis. Financial professionals can help manage assets. The Court Visitor (previously referred to as the Guardian ad Litem) will also provide an assessment and report on whether guardianship is recommended. Everyone has a part to play and must be allowed to do so. The lines get blurred when the options on the table are misunderstood or unclear.

4. What happens if a loved one refuses or does not want a guardianship?

  • Guardianships may be pursued with or without the consent of the individual. The best interests of the Individual subject to guardianship is the key standard. At the stage before appointment, the Individual is referred to as the Respondent and will still have the ability to respond to the guardianship petition. While a feeling of hostility is inevitable, good planning and support is essential at this stage.

5. What are the costs and fees of opening a guardianship?

  • Family members and interested parties should anticipate filings fees, attorney fees, and producing medical or financial records. These costs can range from $1,500 to $3,500 depending on the complexities.

6. What are requirements after appointment of a guardian and conservator?

  • Guardians/Conservators must be prepared to provide initial and periodic accountings and reports to the court. These responsibilities include budgeting, compiling bank statements, updating living arrangements, and ensuring the Individual’s healthcare needs are managed properly.

7. What is Lay Guardianship Training?

  • A Lay Guardian is anyone who is not a Certified Professional Guardian, such as a relative or close friend who agrees to be a guardian/conservator for an individual. An online Training Module is available through Washington Courts and is a key tool in understanding the role of guardian/conservator. It is also mandatory for anyone seeking appointment as a lay guardian.

Next Steps

Let us help you take the next steps in discussing this very challenging topic with your family and friends. Early planning and intervention will make the process understandable and navigable.

  1. Determine if your loved one may need a guardianship/conservatorship.
  2. Gather important documents.
  3. Submit an intake form describing your situation and schedule a meeting with us.

This material is not intended to be a substitute for informed legal advice and is for educational purposes only. Please consult with a lawyer or other professional to advice or reliance on your specific legal matter.