FastCounsel

Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.

Detailed Answer

Under Washington law, you can petition the Superior Court for a guardianship (personal care) or conservatorship (estate management) when an adult relative lacks capacity to make decisions. Guardianships and conservatorships follow the procedures outlined in the Revised Code of Washington (RCW) Chapter 11.130.

1. Assess Capacity and Explore Alternatives
   This process requires evidence that your relative cannot manage personal or financial affairs. Before filing, discuss less restrictive options—like a durable power of attorney or health care directive—with your relative and their doctor.
2. Obtain a Professional Evaluation
   Washington courts require a written report by a licensed physician, psychologist or advanced registered nurse practitioner. The evaluation must describe the nature and extent of the incapacity. See RCW 11.130.120.
3. File a Petition
   Submit a petition in the Superior Court of the county where the individual resides. The petition must include the proposed guardian or conservator’s qualifications, the reasons for the appointment, the incapacitated person’s assets (for conservatorship), and the professional evaluation. See RCW 11.130.040.
4. Serve Notice
   By statute, you must serve the petition, notice of hearing, and evaluation on the proposed ward/conservatee, their spouse, nearest adult relatives and others named in RCW 11.130.150. Proper service ensures due process.
5. Investigation and Report
   The court assigns an investigator—often a court visitor—to interview all parties, review records, and submit a written report recommending whether to grant the petition. See RCW 11.130.145.
6. Attend the Hearing
   At the hearing, the judge evaluates the evidence, hears objections, and may question the proposed ward/conservatee. If the court finds clear and convincing evidence of incapacity, it will enter an order appointing a guardian or conservator. See RCW 11.130.060.
7. Complete Appointment Formalities
   After appointment, the court issues Letters of Guardianship or Letters of Conservatorship. You may need to post a bond and file an oath before exercising your duties. See RCW 11.130.125.
8. Fulfill Ongoing Duties
   Guardians must file annual plans for personal care; conservators must submit annual financial accountings. Both must act in the ward’s best interest and avoid conflicts of interest. Failure to comply can result in removal. See RCW 11.130.145.

Helpful Hints

• Start discussions early with family members to build consensus.
• Gather medical records and financial statements before filing.
• Consider limited guardianship to preserve decision‐making rights where possible.
• Keep detailed records of all decisions, expenditures and visits with your relative.
• Budget for court costs, bond premiums and potential attorney fees.
• Consult the Washington State Bar Association for referrals to probate attorneys.