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Guardianship in Washington State: How It Works for an Aging Parent

In Washington, a superior court can appoint a guardian for a parent who can no longer meet their own basic needs, but only after a court visitor, a professional evaluation and a hearing. Here is how RCW 11.130 works, step by step.

By naveen · Updated October 13, 2026 · How we research our guides

Guardianship in Washington is the superior court process a family turns to when a parent can no longer make their own decisions and there's no power of attorney or health care directive in place. If your parent can still sign, a Washington power of attorney and a health care directive are among the less restrictive alternatives the statute names. Washington's law also covers guardians for minors in a separate article; this guide is about adults.

What is guardianship in Washington?

It's a court order giving someone authority over another adult's personal affairs. The law is Washington's version of the uniform act, chapter 11.130 RCW, in effect since January 1, 2022 (RCW 11.130.915); this guide includes the 2026 amendments in effect since June 11, 2026.

The law's vocabulary (RCW 11.130.010):

One court form, GDN C 102, asks for a guardian, a conservator, or a protective arrangement instead of either. The general picture is in our guide to conservatorship and guardianship.

When does a parent need one, and what are the alternatives?

Only when a court finds, by clear and convincing evidence, three things under RCW 11.130.265: that your parent "lacks the ability to meet essential requirements for physical health, safety, or self-care" because they can't receive and evaluate information or make or communicate decisions, even with support; that a guardian is "necessary to prevent significant risk of harm"; and that your parent's needs "cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative."

The statute calls this "a legal decision, not a medical decision," and adds: "Age, eccentricity, poverty, or medical diagnosis alone are not sufficient basis."

A less restrictive alternative includes supported decision making, technological assistance, a representative payee, and "appointment under a power of attorney for health care or power of attorney for finances" (RCW 11.130.010). The petition must describe the alternatives "considered or implemented," or explain why none were (RCW 11.130.270). Even then, "The court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship, or other less restrictive alternative would meet the needs of the respondent."

A power of attorney your parent already signed keeps working. A guardian "does not have the power to revoke or amend a power of attorney for health care or power of attorney for finances," and a health care agent's decision "takes precedence over that of the guardian" unless the court orders otherwise (RCW 11.130.335).

Who can be the guardian?

The court considers qualified people in this order of priority (RCW 11.130.305):

1. A guardian already acting for your parent in another jurisdiction.
2. "A person nominated as guardian by the respondent, including the respondent's most recent nomination made in a power of attorney."
3. "An agent appointed by the respondent under a power of attorney for health care."
4. Your parent's spouse or domestic partner.
5. "A relative or other individual who has shown special care and concern for the respondent."
6. A certified professional guardian or conservator.

The court may pass over someone with priority in your parent's best interest, and if your parent made several nominations, "the latest in time governs" (RCW 11.130.095).

"Any suitable person over the age of 21 years" can serve unless disqualified, for example by a conviction for a crime involving dishonesty, neglect or physical force (RCW 11.130.090). Staff and owners of your parent's long-term care facility can't serve unless related.

A family guardian "must complete any standardized training video or web cast for lay guardians or conservators made available by the administrative office of the courts," free of charge, unless the court waives it (RCW 11.130.090). The court's lay guardian page hosts it.

How do you get guardianship of a parent in Washington?

You petition the superior court in the county where your parent lives (RCW 11.130.030); "A person interested in an adult's welfare, including the adult for whom the order is sought, may petition" (RCW 11.130.270). The statewide forms are on the court's adult guardianship forms page, and counties may require more. The steps:

1. Complete the training. If you propose a specific guardian, the petition "must include evidence of the successful completion of the required training" (RCW 11.130.090). In an emergency the court can defer it up to 90 days after appointment.
2. File the petition. GDN C 102 must be filed with a notice of the petition and a proposed order appointing a court visitor. It asks for relatives, agents, alternatives tried, full or limited, and your parent's property.
3. Serve your parent. The petition and notice "must be served personally on the respondent and the court visitor" within five court days of filing (RCW 11.130.275). Relatives listed in the petition get notice too.
4. The court visitor investigates. The court must appoint one (RCW 11.130.280). The visitor interviews your parent in person, interviews you, visits their home and talks to their doctors, then reports at least 15 days before the hearing on whether a guardianship, full or limited, or an alternative fits.
5. A professional evaluation. The court "shall order a professional evaluation of the respondent" by a physician, psychologist, advanced registered nurse practitioner or physician assistant the visitor selects (RCW 11.130.290). If your parent objects, the visitor must use one your parent chooses.
6. A lawyer for your parent. Your parent may hire a lawyer at any stage. If they object to the petition or ask the visitor for a lawyer, the court must appoint one "regardless of the respondent's ability to pay," at public expense if they can't afford it (RCW 11.130.285).
7. The hearing. It must be heard within 60 days of filing unless extended for good cause. It "may not proceed unless the respondent attends," in person, elsewhere or by video, with narrow exceptions (RCW 11.130.295). Your parent can present evidence, question the visitor and evaluator, and demand a jury (RCW 11.130.035).
8. The order and letters. The order must say whether your parent keeps the right to vote and to marry (RCW 11.130.310). Letters issue once the guardian files an acceptance, and a guardian may not act "without valid letters of office" (RCW 11.130.040).

What about an emergency?

A court can appoint an emergency guardian for up to 60 days under RCW 11.130.320. It must find by clear and convincing evidence that an emergency makes the appointment "likely to prevent substantial and irreparable harm to the adult's physical health, safety, or welfare," that no less restrictive alternative will do, and that "No other person appears to have authority and willingness to act."

The court appoints a lawyer for your parent "Immediately on filing" and normally gives 14 days' notice; without notice, it must hold a hearing within five days. The emergency guardian has only the powers in the order and can be extended once, for up to 60 more days.

What does a guardian have to do?

A guardian "is a fiduciary and owes the highest duty of good faith and care" and "shall not substitute his or her moral or religious values, opinions, or philosophical beliefs" for your parent's (RCW 11.130.325). The guardian makes the decision your parent would make if able, unless that would unreasonably harm them, and visits regularly.

The paperwork runs on a schedule:

• A plan within 90 days. It covers living arrangements, visits, goals including restoring your parent's rights, and proposed fees (RCW 11.130.340). Your parent can object.
• Reports on a set interval. Each report covers your parent's condition, "accounting for funds and other property in the guardian's possession," and whether the guardianship should continue (RCW 11.130.345). The court sets the interval at annual, biennial or triennial, due within 90 days of the appointment's anniversary, and must approve each report. Letters expire 180 days after the anniversary and are reissued on approval.

Some decisions need the court or advance notice (RCW 11.130.330). Moving your parent to a facility that restricts leaving or visitors, or selling their home, requires an approved plan that includes it, a court order, or 14 days' notice with no objection. A move out of state needs a specific court order.

Money goes to a conservator, appointed on its own clear and convincing standard (RCW 11.130.360). The court requires a bond or blocked account unless it finds one unnecessary, and may skip the bond when total assets are under $3,000 (RCW 11.130.445). A conservator files "a detailed inventory of the conservatorship estate" within 90 days (RCW 11.130.515).

What rights does your parent keep, and how does it end?

Your parent keeps every right the order doesn't remove; the court's notice of rights says they can "exercise any right the court has not given to your guardian or conservator." Under RCW 11.130.315, that includes a say in decisions where feasible, 14 days' notice before a permanent move to a nursing home (unless planned or court-ordered), copies of the plan and reports, and visitors and calls, which a guardian can restrict only in limited cases (RCW 11.130.335).

If a guardian isn't doing the job, your parent or anyone interested in their welfare can file a grievance (RCW 11.130.140). The court can remove a guardian "for failure to perform the guardian's duties or for other good cause" (RCW 11.130.350).

To end or change a guardianship, your parent, the guardian or an interested person can petition, and a communication from your parent can also prompt a hearing (RCW 11.130.355). Then "On presentation of prima facie evidence for termination of a guardianship for an adult, the court shall order termination unless it is proven that a basis for appointment of a guardian under RCW 11.130.265 exists." Your parent can choose a lawyer, and the court "shall award reasonable attorneys' fees to the attorney for the adult."

How much does it cost?

The filing fee starts at $200, plus surcharges of $40 and $50, under RCW 36.18.020, which sets that fee for the first filing in a civil action or a probate proceeding. As one county's example, the King County Superior Court Clerk lists $290 for a guardianship, conservatorship or protective arrangement filing. There's no filing fee "if the petition alleges that the respondent has total assets of a value of less than three thousand dollars" (RCW 11.130.170).

The court visitor's fee is charged to your parent unless that would cause substantial hardship (RCW 11.130.280). Your parent's lawyer is paid from your parent's property, with court approval (RCW 11.130.100).

Frequently asked questions

How long does a Washington guardianship take?

The statute says a petition for an adult guardianship must be heard within 60 days of filing, unless a party or the court visitor asks for an extension and the court grants it for good cause. The visitor's report is due at least 15 days before that hearing. An emergency guardian can be appointed sooner, for up to 60 days.

Does my parent get a lawyer in a Washington guardianship case?

Your parent can hire any willing lawyer at any stage. If your parent objects to the petition or asks the court visitor for a lawyer, the court must appoint one, at public expense if your parent can't afford it or lacks access to funds. In an emergency petition, the court appoints a lawyer as soon as the petition is filed.

Does a guardian handle my parent's money in Washington?

Not necessarily. A guardian decides personal matters such as care, housing and medical treatment, and can receive benefits as a representative payee. Money and property are a conservator's job, under Article 4 of the same chapter, with a bond unless the court waives it, a 90-day inventory and periodic accountings. One petition form can ask for a guardian, a conservator, or both.

Does a power of attorney avoid guardianship in Washington?

It can. Washington treats a power of attorney as a less restrictive alternative, and a court must find that no alternative would meet your parent's needs before appointing a guardian. A guardian can't revoke your parent's power of attorney, and a person your parent nominated in one ranks near the top of the priority list. Your parent must have capacity to sign it.

Can a guardian move my parent into a nursing home in Washington?

Only through a route the statute allows. A move to a facility that restricts leaving or visitors must be in the court-approved plan, authorized by the court, or preceded by 14 days' notice to your parent and the people named in the order with no objection filed. Your parent has the right to object.

How much does it cost to file for guardianship in Washington?

RCW 36.18.020 sets a $200 fee plus $40 and $50 surcharges; King County lists $290 (King County Clerk). There's no filing fee if the petition alleges total assets under $3,000. Court visitor and lawyer fees are charged to your parent's assets unless the court finds hardship.

Getting started

Guardianship is the route that's left when nothing was signed in time. If your parent can still make decisions, a durable power of attorney and a health care directive let them choose who acts for them. If it's too late for that, it helps to know what an elder law attorney does, and if money is going missing, see protecting a parent from scams. The plan this site builds asks four questions and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.

Build your plan

Sources

• Chapter 11.130 RCW, Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act: Washington's guardianship statute.
• RCW 11.130.265, Basis for appointment of guardian for adult: the clear and convincing evidence standard.
• RCW 11.130.345, Guardian's report: the reporting schedule.
• Chapter 177, Laws of 2026: the 2026 amendments, effective June 11, 2026.
• RCW 36.18.020, Clerk's fees and surcharges: the filing fee.
• Washington Courts, adult guardianship forms: the petition, notice and order forms.
• Washington Courts, lay guardian training: the required training.
• King County Superior Court Clerk, fees: one county's posted filing fee.

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