Guardianship cases usually arrive at a hard moment. A grandparent is suddenly raising a grandchild. An adult child realizes a parent with dementia can no longer manage their affairs safely. A family is planning for an adult child with a developmental disability who is about to turn eighteen.
Washington substantially rewrote its guardianship law in recent years, and the modern statute reflects an important shift: taking away someone's legal authority over their own life is a serious step, and courts must consider whether something less drastic would work first.
We help Spokane families through both minor and adult guardianships, and we help them determine whether a guardianship is actually the right tool.
How do you get guardianship of a minor in Washington?
A court may appoint a guardian for a child when each parent consents after being informed of the consequences, when there is no living parent, or on clear and convincing evidence that no parent is willing or able to exercise parenting functions. This is the route for relatives raising a child whose parents cannot care for them.
A minor guardianship does not terminate parental rights, and it is not permanent — it can end when circumstances change or when the child turns eighteen. Families seeking permanence generally need adoption or de facto parentage instead.
What is the difference between guardianship and conservatorship?
Guardian of the person
Authority over personal decisions — housing, medical care, and daily support — for an adult who cannot make or communicate those decisions and would suffer harm without help.
Conservator of the estate
Authority over finances and property. Many families need only this, not authority over personal decisions, and the court can appoint one without the other.
Limited orders
Washington law favors orders that remove only the specific rights the person genuinely cannot exercise, leaving everything else intact. A full guardianship stripping all decision-making authority is meant to be uncommon.
Is there an alternative to guardianship?
Before granting a guardianship, the court must consider whether something less intrusive would meet the need. Often it would:
| Alternative | What it covers | When it works |
|---|---|---|
| Durable power of attorney | Finances and property | Signed while the person still has capacity — the single most effective step |
| Health care power of attorney and directive | Medical decisions and treatment wishes | Also requires capacity at the time of signing |
| Supported decision-making agreement | The person keeps authority and gets help exercising it | Where support, not substitution, is what is needed |
| Representative payee | Social Security and similar benefits | Where benefits are the main asset to manage |
| Trust | Assets held and managed for someone's benefit | Where there is property to protect long term |
| Parenting plan or temporary custody | A minor's care | Where a family law order fits better than guardianship |
Washington law requires the court to consider whether a less restrictive alternative would meet the need before granting a guardianship. A family that puts powers of attorney in place before a crisis usually never needs one.
The most useful thing this list represents is a planning opportunity. A family that puts powers of attorney in place before a crisis usually never needs a guardianship at all — which saves considerable expense, delay, and loss of autonomy.
What does the guardianship process involve?
A petition is filed in Superior Court describing why the person needs help and what authority is sought. The person who would be subject to the order — the respondent — has significant procedural protections, including notice, the right to attend, the right to counsel, and in many cases the appointment of a court visitor to investigate and report. Professional evaluations are commonly required. If the court grants the petition, the guardian or conservator must file periodic reports and accountings, and the court retains oversight.
What happens when a child with a disability turns eighteen?
Parents lose legal authority over their child's medical and financial decisions on the child's eighteenth birthday, regardless of the child's abilities. For families of young adults with developmental disabilities, this arrives suddenly. Starting the conversation a year ahead allows the family to consider supported decision-making, powers of attorney, or a limited guardianship — rather than confronting the question during an emergency room visit where no one can get information.
Frequently asked questions
What is the difference between guardianship and adoption?
A guardianship gives decision-making authority but does not terminate parental rights and is not permanent — it can be modified or ended. Adoption permanently creates a parent-child relationship and requires ending existing parental rights.
Can I get guardianship of my grandchild?
Potentially, where the parents consent or there is clear and convincing evidence that no parent is willing or able to exercise parenting functions. Which tool fits best — guardianship, de facto parentage, or adoption — depends on whether the arrangement needs to be permanent.
Does my parent have to agree to a guardianship?
No, but they have strong procedural rights: notice, the right to attend and participate, the right to an attorney, and the right to contest. Courts must also consider whether a less restrictive alternative would meet the need.
How can we avoid needing a guardianship?
Powers of attorney for finances and health care, signed while the person still has capacity, are the single most effective step. Supported decision-making agreements, trusts, and representative payee arrangements can also make a court proceeding unnecessary.
Does a guardian have to report to the court?
Yes. Guardians and conservators file periodic reports and accountings, and the court retains ongoing oversight of the arrangement.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.