How to Get Guardianship for a Disabled Adult in Washington State

To get guardianship for a disabled adult in Washington State, you file a petition in the superior court of the county where the adult lives, prove by clear and convincing evidence that the adult cannot meet essential health and safety needs even with support, and show the court that no less restrictive alternative will work. The process runs through a professional medical evaluation, an independent court visitor’s investigation, and a hearing at which the adult has the right to counsel and to participate. Washington’s Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, RCW 11.130, governs every step.¹

Rule Out Less Restrictive Alternatives First

Before anything else, the court wants to know why guardianship is necessary at all. Washington law defines “less restrictive alternative” to include supported decision-making, technological assistance, a representative payee, and powers of attorney for health care or finances.² Your petition must list every alternative you considered or tried and explain why each one is inadequate. Skip this and expect pointed questions from the court visitor and the judge.

Supported decision-making is a formal option under RCW 11.130.700. It lets the adult enter a voluntary agreement with trusted family, friends, or professionals who help them understand information and communicate decisions without taking decision-making authority away.³ If the adult can function with that kind of help, a guardianship petition is unlikely to succeed.

The court can also enter a “protective arrangement instead of guardianship” under RCW 11.130.585, which addresses a specific need without stripping broad rights from the adult. A judge who believes a narrower order solves the problem will pick that route.

What You Have to Prove

To appoint a guardian, the court must find by clear and convincing evidence that the adult cannot meet essential requirements for physical health, safety, or self-care because they are unable to receive and evaluate information or make and communicate decisions, even with supportive services, technology, or supported decision-making.¹ Clear and convincing is a high bar, well above the “more likely than not” standard used in most civil cases. The court is removing fundamental rights, and the burden of proof reflects that.

The guardianship also has to be tailored to the adult’s actual limitations. If the person can handle some decisions on their own but not others, the court should grant a limited guardianship that preserves as many rights as possible. A full guardianship is only appropriate when the evidence shows the adult cannot manage any aspect of their personal welfare. Age, eccentricity, poverty, or a diagnosis alone is never enough.

One boundary worth drawing: a guardian makes personal decisions about things like residence, medical care, and daily needs. A conservator manages money and property under a separate standard in RCW 11.130.360.⁴ The two roles can be held by the same person or split. If you need authority over the adult’s finances as well as their personal care, your petition needs to request both.

Whether You Qualify to Serve

Anyone at least 18 who hasn’t been disqualified by criminal history can potentially serve. A felony conviction, or a misdemeanor involving dishonesty, disqualifies you, though the court has discretion to override that disqualification if your appointment is in the best interest of the person you’d be serving.⁵ The court also has general authority to find anyone “unsuitable” regardless of their record.

If you’re a family member or close friend acting as a lay guardian, you must complete a free standardized training program through the Washington Courts before or shortly after appointment. The petition itself has to include evidence that the proposed guardian completed the training, though the court may defer the deadline up to 90 days in emergencies.⁶ Finish the training early so it isn’t the thing holding up your case.

Filing the Petition

File the petition in the superior court of the county where the adult lives. Official forms are available through the Washington Courts website or your local county clerk. The petition must include:

The adult’s identifying information.
The names of everyone entitled to notice, which typically means close family members.
The specific reasons guardianship is needed.
A statement of what less restrictive alternatives you considered and why they’re inadequate.
Evidence that the proposed guardian has completed the required training.

Filing fees generally run around $290, including the base fee and a judicial surcharge, though the exact amount varies by county. If the adult’s assets total less than $3,000, the fee may be waived. Accuracy matters. Missing or incorrect information about people entitled to notice can stall the case, and the court uses the asset and income figures to set bond requirements if a conservator is also appointed.

Within 14 days of filing, you must serve notice on the adult and all required parties, then file proof of service with the court.⁷

Professional Evaluation and the Court Visitor

Once the petition is filed, the court orders a professional evaluation of the adult and appoints a court visitor.⁸ The court visitor selects the evaluator, who must be a licensed physician, psychologist, advanced registered nurse practitioner, or physician assistant qualified to assess cognitive and functional abilities. If the adult objects to the chosen professional, the court visitor must get an evaluation from someone the adult selects instead.

The evaluator examines the adult and produces a report within 30 days covering cognitive and functional abilities and limitations, mental and physical condition, current medications and their effects, and a prognosis with treatment recommendations.⁸ The report is filed under seal. If the adult refuses to participate, the court can still proceed if it has enough other information.

The court visitor is the court’s independent investigator. This person visits the adult, interviews relevant parties, and submits a written report with recommendations. In practice, that report often carries significant weight in the judge’s decision.

The Adult’s Rights at the Hearing

This is where many families are caught off guard. The adult at the center of the petition has substantial legal protections, and understanding them before the hearing avoids surprises.

The adult has the right to choose their own attorney at every stage. If they can’t afford one or don’t have practical access to funds, the court must appoint counsel at public expense.⁹ Even when counsel isn’t initially appointed, the court must do so at any point it concludes the adult’s rights cannot otherwise be adequately protected.

The hearing generally cannot proceed without the adult present. If traveling to court isn’t feasible, the court must make reasonable efforts to hold the hearing at an alternative location or allow video attendance. The adult may only be absent if they’ve been fully informed and refused to attend, or there is truly no practicable way for them to participate.¹⁰

At the hearing, the adult can present evidence, call and subpoena witnesses, and cross-examine the court visitor and evaluator. They can request that the hearing be closed to the public for good cause. These are not formalities. A judge who skips them risks having the entire guardianship reversed on appeal.

The Hearing and the Order

At the hearing, the judge reviews the petition, the professional evaluation, the court visitor’s report, and any evidence the parties present. As petitioner, you carry the burden of proving by clear and convincing evidence that the legal standards are met. The judge must make specific findings about the adult’s limitations, what alternatives were considered and why they’re insufficient, and exactly which powers the guardian will receive.

If the judge finds the standards met, they sign a final order of appointment. The order must specify the scope of the guardian’s authority and identify which rights the adult retains. A well-drafted order reflects the adult’s actual deficits rather than granting blanket authority. Once signed, you have legal authority to act within the scope the court defined.

What Happens After You’re Appointed

Appointment is the beginning of the work, not the end. A guardian for an adult must file an annual report describing the adult’s mental, physical, and social condition, their living arrangement, medical and professional services being provided, a summary of visits and efforts to identify the adult’s wishes, the extent to which the adult has participated in decision-making, and an accounting of any finances the guardian manages.¹¹ You must also submit a care plan outlining how you’ll provide for the adult’s personal and medical needs. That plan becomes the benchmark the court uses to evaluate your performance.

If you’re also appointed as conservator, you must file a detailed inventory of all the adult’s assets within 90 days, along with an oath that the inventory is complete and accurate, followed by annual financial accountings.¹² Missed deadlines can lead to removal and legal sanctions.

Two federal filings deserve immediate attention. First, notify the IRS of the fiduciary relationship by filing Form 56. The IRS then treats you as if you are the taxpayer for the adult’s returns.¹³ Second, if the adult receives Social Security or SSI, your court appointment does not give you control over those benefits automatically. You must apply separately to become the Social Security Administration’s representative payee, with separate records and reporting.¹⁴

Costs to Budget For

Guardianship proceedings are not cheap. The filing fee runs roughly $290 including the judicial surcharge, with variation by county and a possible waiver for adults with assets under $3,000. Beyond the filing fee, expect costs for the professional evaluation, the court visitor’s investigation, and attorneys for both the petitioner and the adult. Fees for an uncontested guardianship vary widely by complexity and location, and contested cases cost substantially more.

After appointment, ongoing expenses may include professional guardian fees, accountants, appraisals, or bond premiums for a conservator. All of this generally comes out of the adult’s assets unless the court orders otherwise. If the estate is modest, these costs can consume a meaningful share of the adult’s resources, which is one more reason the court takes the less restrictive alternative requirement seriously before granting the petition in the first place.

1
Washington State Legislature. Washington Code RCW 11.130.265 – Basis for Appointment of Guardian for Adult
2
Washington State Legislature. Washington Code RCW 11.130 – Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (Full Text)
3
Washington State Legislature. Washington Code RCW 11.130.700 – Supported Decision-Making Agreement Definitions
4
Washington State Legislature. Washington Code RCW 11.130.360 – Basis for Appointment of Conservator for Adult
5
Washington State Legislature. Washington Code RCW 11.130.090 – Qualifications
6
Washington State Courts. Adult Lay Guardianship
7
Washington State Legislature. Washington Code RCW 11.130.065 – Guardianship or Conservatorship Notice of Filing
8
Washington State Legislature. Washington Code RCW 11.130.290 – Professional Evaluation
9
Washington State Legislature. Washington Code RCW 11.130.285 – Appointment and Role of Attorney for Adult
10
Washington State Legislature. Washington Code RCW 11.130 – Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (Full Text) – Section: RCW 11.130.295
11
Washington State Legislature. Washington Code RCW 11.130 – Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (Full Text) – Section: RCW 11.130.350
12
Washington State Legislature. Washington Code 11.130.515 – Inventory Records
13
Internal Revenue Service. Instructions for Form 56
14
Social Security Administration. Frequently Asked Questions for Representative Payees