Can a Guardian Sell the Ward's Property?

Families often assume that once a court appoints a guardian, that person can do everything for their loved one, including selling the house or liquidating investments. In Washington, that assumption is usually wrong, and knowing why can save you from a costly mistake. An inheritance raises similar authority questions about who manages inherited property and which actions require court approval.

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The Short Answer

Selling a protected person's property is generally not a guardian's job at all. It is a conservator's job. Washington law draws a firm line between the person who makes personal decisions and the person who manages money and property, and only the second one has authority over selling assets. Even then, a conservator often needs the court's specific approval before a sale can go through.

Guardian Versus Conservator: Two Different Roles

Washington's guardianship and conservatorship laws live in chapter 11.130 RCW, and the statute defines these two roles separately. Under RCW 11.130.010, a guardian is a person appointed by the court to make decisions about the personal affairs of an individual, while a conservator is a person appointed to make decisions about the property or financial affairs of an individual. The same section defines the conservatorship estate as the property subject to conservatorship.

That distinction matters enormously in practice. A guardian handles things like living arrangements, medical care coordination, and daily welfare. A conservator handles bank accounts, investments, income, debts, and real estate. Sometimes the court appoints the same person to both roles, and sometimes it appoints two different people. But the authority to sell property flows from the conservator role, not the guardian role. If you were appointed only as a guardian, you generally cannot sell the person's house, and signing a sale as if you could can create serious legal problems.

What a Conservator Can Do Without Asking the Court

Once someone is appointed conservator, the law gives them a broad set of everyday management powers so the estate can function without running to court for every routine decision. Under RCW 11.130.520, a conservator may, without specific court authorization, do things like collect and hold property, invest assets, deposit funds, insure property, pay taxes and valid claims, and generally manage the estate as a prudent investor would. These are the ordinary tools of financial management.

Selling the person's real estate, however, is treated differently. It is not routine, and the law does not leave it to the conservator's discretion alone.

Selling Real Estate Requires Court Approval

The controlling provision here is RCW 11.130.435, which lists the powers of a conservator that require court approval. Before a conservator may sell or encumber the primary dwelling of the protected person, the statute requires notice to interested persons and specific authorization from the court. The same requirement applies to selling or encumbering any other real estate the person owns. The statute goes a step further for real property sales: it directs that in all transactions involving the sale of real property, the conservator must receive additional authority from the court regarding what happens to the sale proceeds.

In deciding whether to approve a sale, the court does not simply rubber-stamp the request. Under the same statute, the judge must consider primarily the decision the protected person would make if they were able, looking at their prior wishes, values, and directions, along with their financial needs, tax consequences, and any existing estate plan. In other words, a conservator cannot sell the family home just because it would be convenient. The sale has to serve the protected person and reflect, as closely as possible, what that person would have wanted.

Why the Extra Protection Exists

A person's home is often their most valuable asset and the anchor of their sense of security. The Legislature built these safeguards into chapter 11.130 RCW precisely because selling a home is difficult to undo and easy to abuse. Requiring court notice and approval gives family members and other interested people a chance to weigh in before an irreversible decision is made, and it puts a neutral judge between the protected person and any pressure to cash out their property prematurely.

A conservator also carries fiduciary duties that shape every decision. Under RCW 11.130.505, a conservator is a fiduciary with duties of prudence and loyalty, must promote the protected person's self-determination, and must make decisions the person would have made if able, unless doing so would harm their welfare. Those duties apply to a proposed sale just as they apply to everything else the conservator does.

Common Situations Families Ask About

Many families in Snohomish County face this issue when an aging parent moves into assisted living and the family wants to sell the now-empty house to pay for care. The instinct to act quickly is understandable, but the process still runs through the conservator role and, for real estate, through court approval. If no conservator has been appointed, selling the property may require first establishing a conservatorship, not just a guardianship.

Another frequent question involves selling a car, furniture, or other personal property. Those items fall under the conservator's broader management powers and typically do not carry the same real estate approval requirement, though the conservator still must act in the person's best interest and keep proper records of every transaction.

Getting It Right the First Time

The line between guardian and conservator, and the extra steps required to sell real estate, are easy to overlook until a sale is already in motion. Doing it in the wrong order or without the right authority can cloud title, delay a closing, or expose the fiduciary to personal liability. This is one of those areas where a little planning at the front end prevents a large headache later.

If you are caring for a loved one in Snohomish County and wondering whether you have the authority to sell their home or other property, the Law Office of Chad Foster can help you understand which role you hold, whether a conservatorship is needed, and how to obtain the court approval the law requires. Contact us to make sure the sale is handled correctly from the start.