Guardianship of a Child or Adult in Washington

A person interested in a minor's welfare, including the minor, may petition. The court may appoint a guardian for a minor if it is in the minor's best interest and each parent consents after being fully informed, all parental rights have been terminated, or there is clear and convincing evidence that no parent is willing or able to exercise parenting functions.

Under the Uniform Guardianship Act, the court may appoint a guardian for an adult only on clear and convincing evidence that the person cannot meet essential requirements for health, safety or self-care because they cannot receive and evaluate information or make or communicate decisions, even with supportive services, technology or supported decision making; that guardianship is needed to prevent significant risk of harm; and that the needs cannot be met by a protective arrangement or other less restrictive alternative. The guardian gets only the powers the person's needs require, and a full guardianship is not allowed if a limited guardianship or less restrictive alternative would work. The respondent may demand a jury on whether a basis for guardianship exists.