A guardian is a person or organization appointed by the court to manage social and health care decisions for a person who is unable to manage those decisions for themselves.

A conservator is a person or organization appointed by the court to manage financial affairs for a person who is unable to manage their financial affairs themselves.

The court may appoint a guardian if a person lacks the ability to meet essential requirements for physical health, safety, or self-care and the appointment is necessary to prevent significant risk of harm to the person’s physical health, safety, or self-care. The court will first determine if another less restrictive alternative is available before a guardian is appointed.

The court may appoint a conservator if a person is unable to manage property or financial affairs and the appointment is necessary to avoid harm to the person or significant dissipation of the property of the person.

The court will first determine if another less restrictive alternative is available before a conservator is appointed.

If a person is able to manage some financial or personal matters but needs assistance managing investments, making complex financial decisions, or needs protection from financial exploitation, the court may appoint a limited guardian or conservator.

The law requires that a person’s liberty and autonomy should be restricted through the guardianship/conservatorship process only to the minimum extent necessary to protect the person from personal or financial harm.

Guardianship and/or conservatorship may be the only option when a person is at significant risk of financial or personal harm to themselves or others, and there are no adequate alternatives available.

Alternatives may include such options as having a Representative Payee, Durable Powers of Attorney for Health Care and/or Finances, or having assets in a trust managed by a trustee.

Petitioning for guardianship/conservatorship is a serious decision, and an experienced attorney can help families explore whether any alternatives to protect the vulnerable person can be put in place short of court involvement.

The court can appoint either a lay guardian/conservator (such as a friend or family member of the individual) or a certified professional guardian/conservator for the individual.

In Washington State, guardians/conservators must report on a regular basis to the court.

A conservator must keep careful records of income and disbursements and account to the court, typically on an annual basis. Some actions, such as selling real estate, require prior court approval. The court may require the conservator to post a bond or keep certain funds in restricted accounts.

A guardian must submit a care plan to the court and report any significant changes in circumstances. Family members and other interested parties may request to be notified of matters that come before the court.

• Any person interested in the welfare of a person may petition for a hearing to have a guardian/conservator appointed for them. The petitioner can nominate themselves, another person, or a qualified Certified Professional Guardian to be the guardian/conservator.
• The person for whom the petition is requesting a guardian/conservator, known as the respondent, must be notified of the petition, who filed it, and the date of the court hearing.
• At the time the petition is filed, the court will appoint a Court Visitor (CV) from the court’s registry. The CV will meet with the respondent, explain the petition and the process, and determine if the respondent objects to the guardianship/conservatorship or the person or organization who has been nominated.
• The respondent has the right to his or her own attorney, and an attorney will be appointed from the court’s registry if the respondent does not select an attorney who is qualified to serve in that role. The respondent also has the right to attend the court hearing.
• The CV will interview all persons with relevant knowledge, obtain a medical report (known as a “professional evaluation”), and make recommendations to the court. After the CV has made their recommendations to the court, there will be a hearing at which the court will decide if the respondent needs a guardian and/or conservator and who should be appointed.

Statute sets the initial hearing on the petition for 60 days after filing. The date may be continued for various reasons. If the respondent requests a trial on their capacity or there are other issues in the dispute, the court may certify the matter for trial. A guardianship/conservatorship trial typically occurs several months after assignment to trial.

The process can be expedited if an emergency exists. It can take longer if the respondent or other parties are contesting the petition.

CV fees and attorney fees are determined based on the amount of time spent. Attorney fees become significantly greater if the guardianship/conservatorship is contested. Deciding to start a guardianship/conservatorship action is a difficult question that involves financial, familial, and practical concerns. Our experienced guardianship/conservatorship attorneys can discuss possible costs after learning more about the circumstances of the case.