Guardianship

Guardianships and conservatorships are legal processes handled in Superior Court. The court appoints someone for decision help for another person about their health, safety, or finances.

The person appointed—called a guardian or conservator—can be a trained professional or someone who knows the person well. Their role is to make sure the adult gets the care and support they need, while still helping them stay as independent as possible.

A guardianship can only be set up if:

• The adult doesn't have the functional ability to meet their own basic safety or health needs,
• Having a guardian is necessary to avoid serious harm,
• And there are no less restrictive options that would work.

Guardians help protect the person's rights and support their abilities. They may help with medical decisions, safety, and sometimes finances, depending on the type of assets involved.

A conservator helps with money and property—like managing bank accounts, paying bills, or making investment decisions.

Guardianships and conservatorships can be limited (covering only certain decisions) or full (covering all decisions).

In urgent situations, the court can appoint an emergency (temporary) guardian or conservator for up to 120 days. If there's an emergency and waiting for a hearing would put the person in danger, the court can appoint someone right away to help protect their health or safety.

In Washington State, guardianship and conservatorship are legal processes that take place in Superior Court. The Office of Guardianship and Elder Services has many resources for the public on this process. To learn more please click here: Guardianship and Conservatorship

Superior Courts are responsible for monitoring guardianship and conservatorship cases. The court reviews the guardian's or conservator's plans and periodic reports. The court decides if the guardian or conservator reports every one, two, or three years. The court regularly reviews reports about how the person is doing and how their money is being handled.

If someone complains to the court about what a guardian or conservator is or isn't doing the court can step in to protect the person's rights.

The Washington State Supreme Court also helps oversee professional guardians and conservators through the Certified Professional Guardianship and Conservatorship Board. This board:

• Reviews applications from people who want to become certified professionals,
• Creates rules for training and education,
• Sets standards for professional behavior,
• Looks into complaints (called grievances), and
• Can take disciplinary action if needed.

The Office of Guardianship and Elder Services: You can watch videos or join live online sessions to learn more about guardianships, conservatorships, and other options that don't take away as many rights. These sessions also explain the court case process.

here are also videos and live sessions that teach guardians and conservators about their duties, such as sending periodic reports to the court

You can find information about these sessions here: Informational Zoom Sessions for Adult Guardianship

A courthouse facilitator may be able to help with adult guardianship and conservatorship cases in some counties. Some Superior Courts have a guardianship monitoring program that may be able to assist with general questions about guardianship and conservatorship cases in their court.

You can search for professional guardians and conservators here: Guardian/Conservator Directory. The Office of Guardianship and Elder Services may be able to assist in finding a professional guardian and conservator. Information about professional guardians and conservators can be found here: Professional Guardian/Conservator Search Form

This is a program within the Office of Guardianship and Elder Services that works with professional guardians and conservators to provide services to low-income clients. The individual who needs help with making decisions must meet the program guidelines. Information about the OPG program can be found here: Office of Public Guardianship FAQs. The Office of Public Guardianship can help answer questions about the program such as client eligibility. They can be reached by email at OPG@courts.wa.gov.

Lay guardians or conservators are usually a friend or family member of the individual. Lay guardians and conservators for adults, must complete an online training program required by law. The training can be found at the following link: Lay Guardian Training for Adult Guardianships and Conservatorships. This training assists lay guardians and conservators with understanding the responsibilities of being a guardian or conservator.

Court Visitors are appointed in adult guardianship and conservatorship cases to help the court understand the needs of the individual. The Court Visitor informs the individual about their rights in the case and gets information about the individual and their abilities. The Court Visitor provides a report to the court with recommendations on whether a guardian or conservator is needed.

Other helpful state and federal resources relating to disability, eldercare, health care, legal needs and standards of practice for professional guardians or conservators can be found here: Resources for Guardianship and Conservatorship.