Guardianship & Conservatorship

When a loved one can no longer make decisions safely (an aging parent with dementia, an adult child with a disability reaching eighteen, a child whose parents cannot care for them), Washington law provides a court-supervised answer. It also, deliberately, makes that answer the last resort. The Law Office of Chad Foster handles guardianship and conservatorship matters throughout King and Snohomish Counties under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (Chapter 11.130 RCW).

Guardians, Conservators, and Protective Arrangements

Washington's modern statute separates the roles. A guardian makes personal and care decisions, living arrangements, medical care, daily support. A conservator manages property and finances. A court may appoint one, both, or neither, and can instead order a protective arrangement: a targeted, single-purpose order (authorizing one transaction, one placement, one protection) that solves the problem without placing anyone under ongoing court supervision.

That menu reflects the statute's core principle: the least restrictive option that meets the need. Courts must consider whether alternatives, a power of attorney, healthcare directives, supported decision-making, a representative payee, would do the job before removing a person's legal rights.

The Adult Guardianship Process

Adult guardianship begins with a petition in superior court. The respondent, the person the guardianship would cover, has real procedural rights: the court appoints a neutral court visitor to investigate and report, the respondent has the right to attend, to be represented by counsel, and to contest, and the petitioner must prove the statutory basis by clear and convincing evidence. Where genuinely urgent circumstances exist, courts can appoint an emergency guardian or conservator for a short statutory period while the full case proceeds.

Appointment is the beginning of the court's involvement, not the end. Guardians file regular reports on the person's condition and care; conservators file inventories and accountings of the money they manage, and may be required to post a bond. Failing those duties has consequences, including removal.

Minor Guardianship

Chapter 11.130 RCW also governs guardianship of minors, most often when parents are unable to care for a child due to illness, addiction, incarceration, or death, and a grandparent or other relative steps in. A minor guardian can be given authority over the child's care, schooling, and medical decisions. Parents retain significant rights in these proceedings, and the statute provides for their participation and, where appropriate, for restoring the child to a parent's care. These cases sit at the intersection of family law and guardianship law, and we handle both sides of that line, including related parentage and nonparent visitation issues.

Common Questions

Can a guardian be removed?

Yes. Any interested person, including the person under guardianship, can petition for removal where the guardian fails in their duties, has conflicts of interest, or is no longer needed. Courts can also modify or terminate a guardianship when the person's capacity improves; rights, once limited, are not necessarily limited forever.

Can a guardian make medical decisions?

A guardian of the person generally makes routine medical decisions within the scope the court grants, but certain significant decisions require additional court involvement, and a guardian's authority is always bounded by the order. Reading the order matters more than the title "guardian."

Can a conservator sell the person's house?

Only with appropriate authority, significant transactions like selling real property typically require specific court approval, and the proceeds must be accounted for. A conservator who self-deals or commingles funds faces personal liability and removal.

Is there a way to avoid all of this?

Often, yes. That is the point of planning. A well-drafted durable power of attorney and healthcare directives, signed while a person has capacity, prevent most guardianships before they start. Guardianship is what families need when those documents don't exist. If your loved one still has capacity, start with our powers of attorney page today.

Our guardianship services include:

  • Adult guardianship and conservatorship petitions
  • Emergency guardianships and protective arrangements
  • Minor guardianship for relatives and kinship caregivers
  • Representing respondents and family members contesting guardianship
  • Guardian and conservator compliance: reports, accountings, and court approval of transactions
  • Modification, termination, and guardian removal proceedings

Get Started

Whether you are stepping up for someone who needs help or defending someone's independence, contact the Law Office of Chad Foster to map the least restrictive path.

Call us at 425.785.8679 or email help@ChadAtLaw.com.