What Are the Responsibilities of a Guardian in Washington?

Being appointed as a guardian is an honor and a serious legal obligation, and Washington law spells out exactly what is expected of you. The Law Office of Chad Foster helps Snohomish County clients with guardianship and conservatorship.

A Guardian Is a Fiduciary

In Washington, a guardian handles decisions about the person, meaning their support, care, education, health, and welfare, while a conservator handles money and property. That line is drawn in the definitions at RCW 11.130.010, and it shapes everything a guardian does. Guardianship falls under chapter 11.130 RCW, the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, which took effect on January 1, 2022.

The core of a guardian's responsibilities appears in RCW 11.130.325. The very first thing that statute says is that a guardian for an adult is a fiduciary who owes the highest duty of good faith and care to the person under guardianship. A fiduciary is someone trusted to act for another person's benefit rather than their own, and that trust is the foundation of the role. The same section also draws a firm boundary: a guardian must not substitute their own moral, religious, or philosophical beliefs for those of the person they serve. You are there to help the person live their life, not to impose your own. For related guidance, see Can a Guardian Delegate Responsibilities.

Person-Centered Decisions

Modern Washington guardianship is built around the idea that the person keeps their voice even when someone else is helping them decide. RCW 11.130.325 requires the guardian to promote the person's self-determination and, to the extent reasonably feasible, to encourage the person to participate in decisions, act on their own behalf, and develop or regain the ability to manage their own affairs. To do that, the guardian must become and stay personally acquainted with the person, including through regular visits, so the guardian actually knows their abilities, limitations, needs, and health. For related guidance, see Can a Guardian Be Removed in Washington.

The statute goes further than simple involvement. Under RCW 11.130.325, when a guardian makes a decision, the guardian must make the decision they reasonably believe the person would make if they were able, unless doing so would unreasonably harm the person. That means considering the individual's own prior directions, preferences, values, and past actions, to the extent the guardian knows them or can reasonably find them out. Only when the guardian truly cannot determine what the person would have wanted, or when following that choice would seriously endanger them, does the guardian shift to a best-interest standard, weighing information from professionals and others who care about the person's welfare.

Practical Care and Prudence

Alongside honoring the person's wishes, a guardian has hands-on duties. RCW 11.130.325 requires the guardian to exercise reasonable care, diligence, and prudence, and it lists concrete tasks. The guardian must take reasonable care of the person's belongings, pets, and service animals, and start a conservatorship or protective proceeding if that is needed to protect the person's property. The guardian must spend the person's available funds on their current needs for support, care, health, and welfare, conserve what is not needed now, and turn funds over to a conservator if one has been appointed. The guardian must also monitor the quality of services the person receives, including long-term care. These are the everyday responsibilities that keep a vulnerable person safe and well cared for.

Ongoing Reporting to the Court

A guardianship is not a one-time appointment that then runs on its own. Washington courts keep watch, and the guardian has to keep them informed. Within ninety days of appointment, RCW 11.130.340 requires a guardian for an adult to file a care plan describing the living arrangements, services, and supports the guardian expects to provide, the people the person has close relationships with and how visits will be facilitated, how often the guardian will visit, and goals for the person, including any goal of restoring their rights. The person under guardianship and other notice parties can object to the plan, and the court reviews it before approving.

Then come regular reports. Under RCW 11.130.345, the guardian must file a report on the schedule the court sets, describing the person's mental, physical, and social condition, their living arrangements, the services provided, the guardian's visits, the actions taken on the person's behalf, and the extent to which the person participated in decisions. The court reviews each report to confirm the guardian is doing the job, and it can appoint a court visitor to investigate, hold a hearing, and even remove a guardian or change the guardianship if something is wrong. The same statute sets review intervals that can be annual, biennial, or triennial depending on the circumstances.

Reporting Changes Right Away

Some things cannot wait for the next scheduled report. RCW 11.130.325 requires a guardian to notify the court within thirty days of any substantial change in the person's condition or residence, and to immediately notify the court if the person's condition improves so that they can exercise rights that were previously removed. That last duty reflects a theme running through the entire statute: the guardianship should shrink or end as the person recovers, not linger out of convenience.

Taking the Role Seriously

Serving as a guardian means putting another person's welfare and wishes ahead of your own, keeping careful records, staying in close contact, and answering to the court on a regular basis. It is meaningful work, and it is a lot to carry, especially while you are also caring for someone you love. If you have been asked to serve as a guardian, or you are already serving and want to be sure you are meeting your obligations, the Law Office of Chad Foster can help you understand your duties and stay in good standing with the court here in Snohomish County. Reach out whenever you have questions.