Can a Guardian Be Removed in Washington?

Yes. When a guardian is not doing the job, Washington courts have clear authority to remove that person and appoint someone else to step in. The law does not force a family or a protected person to live with a guardian who is failing to meet their responsibilities. For a focused explanation, read what Reports Must a Guardian File in Washington.

For related help, see Washington family-law guidance, a related guide, and another helpful resource.

The Governing Law

Washington's guardianship system was reorganized in 2022 under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, chapter 11.130 RCW. Under RCW 11.130.010, a guardian is the person appointed to make decisions about someone's personal affairs, and a conservator is the person appointed to handle property and finances. The removal rules track that split. This article focuses on removing a guardian of the person, though similar remedies exist on the financial side.

For an adult under guardianship, the controlling section is RCW 11.130.350, titled removal of guardian for an adult and appointment of a successor. It gives the court power to remove a guardian for an adult for failure to perform the guardian's duties or for other good cause, and then to appoint a successor guardian to take over those duties. That phrase, good cause, is deliberately broad. It lets a judge look at the whole picture rather than requiring proof of one specific kind of wrongdoing.

What Counts as Good Cause

Removal typically comes up when a guardian has neglected the person's needs, misused authority, become unable or unwilling to serve, or created a conflict that harms the protected person. A guardian who stops visiting, ignores the person's medical or living needs, fails to follow the court-approved plan, or acts against the person's interests has arguably failed to perform the duties the law assigns. Because RCW 11.130.350 reaches both failure to perform duties and other good cause, the court is not limited to a rigid checklist. The touchstone throughout chapter 11.130 RCW is the best interest of the person under guardianship, and that principle guides removal decisions as well.

Who Can Ask, and How the Court Decides

One of the strengths of the current law is how many people can raise a concern. Under RCW 11.130.350, the court must hold a hearing on whether to remove a guardian and appoint a successor when there is a petition from the adult, the guardian, or a person interested in the adult's welfare that contains allegations which, if true, would support a reasonable belief that removal may be appropriate. Just as importantly, the statute lets the court act on a simple communication from the adult, the guardian, or an interested person that supports a reasonable belief that removal may be appropriate. That means the protected person does not need to file a formal, polished legal document to get the court's attention. A letter or other communication expressing a genuine concern can trigger review. The court may also set a hearing on its own when it decides that doing so would be in the adult's best interest.

There is one guardrail against repeat filings. The court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months, which keeps the process from being used to harass a guardian who is actually doing the job.

At the hearing, the adult under guardianship has the right to choose an attorney to represent them, and RCW 11.130.350 directs the court to award reasonable attorney fees to that attorney under RCW 11.130.100. When the court decides a successor is needed, it selects the new guardian by following the priority list in RCW 11.130.305, and the successor must give notice of the appointment within fourteen days.

When Immediate Action Is Needed

Sometimes a problem cannot wait for a full removal hearing. Washington law addresses that too. Under RCW 11.130.130, when a proceeding to remove a guardian is pending, or when the court finds a guardian is not effectively performing their duties and the welfare of the person requires immediate action, the court may appoint a temporary substitute guardian for a period not exceeding six months. Once a temporary substitute is in place, the existing guardian's authority is suspended for as long as the substitute has authority. This tool lets the court protect a vulnerable person right away while the question of permanent removal is sorted out.

Removing a Guardian for a Minor

The analysis is similar when the guardianship is over a child. Under RCW 11.130.240, a minor under guardianship or a person interested in the child's welfare, including a parent, may petition the court to remove the guardian and appoint a successor, along with asking to terminate or modify the guardianship. The court follows the priority rules for selecting a successor and may order transitional arrangements to protect the child during any change. A guardian who is removed must cooperate with the successor to hand off responsibilities smoothly, because the child's stability remains the central concern.

A Local Note

Families across Snohomish County set up guardianships hoping the arrangement will protect a loved one, and most guardians serve faithfully. When one does not, the law provides real remedies through the Snohomish County Superior Court, from full removal to temporary intervention when time is short. These matters often intersect with family relationships and long-running disputes, which is exactly why the statute allows the court to focus squarely on the protected person's best interest rather than on who is winning.

If you believe a guardian is failing a loved one, or if you are a guardian facing a removal petition and want to understand your rights, the Law Office of Chad Foster can review the facts and help you present them to the court. Reach out to discuss your situation.