How Do I Petition for Guardianship in Washington?

If someone you love can no longer safely make their own decisions, you may be able to ask a Snohomish County court to appoint a guardian, and the process starts with a written petition filed in superior court.

What a Guardianship Petition Actually Is

A guardianship petition is a formal request asking a judge to give one person legal authority to make personal decisions for another person who cannot make those decisions safely on their own. In Washington, guardianship is governed by the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, found in chapter 11.130 RCW, which took effect on January 1, 2022. Under that law, a guardian handles decisions about the person, meaning things like housing, medical care, and daily welfare, while a conservator handles money and property. The definitions in RCW 11.130.010 draw exactly that line, and it matters, because many families come in asking for "guardianship" when what they really need is authority over finances, or both.

Before we go any further, it helps to know that Washington courts do not hand out guardianship freely. The law strongly favors the least restrictive alternative, and a judge is required to consider whether something short of guardianship, such as a power of attorney or supported decision making, would meet the person's needs. We will always look at those options first, because a guardianship removes rights from the person it covers, and the court takes that seriously.

Filing a Petition for a Minor

When the person who needs a guardian is a child, the starting point is RCW 11.130.190. That statute allows any person interested in the welfare of a minor, including the minor, to petition for appointment of a guardian. The petition has to include specific information, and the law spells it out: your name and relationship to the child, the child's name, age, and address, the names and addresses of the child's parents, the legal basis for the guardianship, the name of the proposed guardian and why that person should be chosen, and a general statement of any property the child owns. The statute also asks whether the child or a parent needs an interpreter or other support to take part in the proceeding, and whether any other custody case involving the child is already pending.

One detail parents often miss is that the factual reasons for the guardianship go in a separate supplemental declaration rather than the petition itself, and RCW 11.130.190 lets the court, for good cause, shield those reasons from an unrepresented child. Courts in Washington also make forms available for these filings, which can simplify the paperwork considerably.

Filing a Petition for an Adult

For an adult, the governing section is RCW 11.130.270, and it is more detailed because adults start with full legal rights that a guardianship would take away. Any person interested in the adult's welfare, including the adult, may file. The petition must identify the adult and a wide circle of relatives and involved people, such as a spouse or domestic partner, adult children, parents, anyone responsible for the adult's care, and any agent already named under a power of attorney. Critically, RCW 11.130.270 requires you to explain why a guardianship is necessary, describe the less restrictive alternatives you considered, and, if you are asking for a full guardianship, explain why a limited guardianship or a lesser arrangement would not work. The petition must also say whether you are seeking a limited or full guardianship, and if limited, exactly which powers you want the guardian to have.

Notice, the Court Visitor, and the Hearing

Filing the petition is only the beginning. Washington law builds in strong protections for the person the petition concerns. For an adult, RCW 11.130.275 requires that the petition be heard within sixty days unless the court grants more time for good cause, and it requires that a copy of the petition and a notice of hearing be personally served on the adult within five court days of filing. That notice must clearly explain, in large type, the legal rights the adult could lose, including the right to a lawyer of their choosing and the right to a jury trial on whether a guardian should be appointed.

The court also appoints a neutral investigator called a court visitor. Under RCW 11.130.280, the court visitor meets with the adult, explains the petition and the adult's rights, interviews the petitioner and proposed guardian, visits the adult's home, gathers information from treating professionals, and files a written report recommending whether a guardianship is appropriate and, if so, whether it should be full or limited. Importantly, that same statute confirms that appointing a court visitor does not, by itself, take away the adult's presumed legal capacity. In a case involving a child, a court may appoint a guardian ad litem to represent the minor's best interests rather than a court visitor, but the goal is the same: an independent set of eyes for the person at the center of the case.

What the Court Must Find

For an adult, the judge cannot appoint a guardian unless the standard in RCW 11.130.265 is met by clear and convincing evidence, which is a demanding standard. The court has to find that the person cannot meet essential needs for health, safety, or self-care even with support, that a guardian is necessary to prevent significant risk of harm, and that no less restrictive alternative will meet the need. That statute also makes clear that age, eccentricity, poverty, or a medical diagnosis alone are never enough.

Getting the Petition Right

A guardianship petition is one of the more paperwork-heavy filings in Washington law, and a missing notice or an unsupported request for full authority can slow everything down at a time when a family is already under strain. If you are considering a petition for a loved one in Snohomish County, the Law Office of Chad Foster can walk you through the process, help you weigh less restrictive options first, and prepare a petition that reflects what your family member actually needs. Reach out when you are ready to talk it through.