Washington Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   A Minor Guardianship Petition is filed in the Superior Court of the county where the child is domiciled or present, under chapter 11.130 RCW. The Administrative Office of the Courts publishes an optional statewide packet led by form GDN M 102, with companion forms for notice, the reasons for guardianship, and a parent's consent; using it is not required.

2. 2

   A court may appoint an emergency guardian for up to 60 days, extendable once for up to another 60 days on a finding the emergency conditions continue, and further while the full petition is pending. An emergency guardian appointed without prior notice requires notice within 48 hours and a hearing on the appointment within 5 days. Appointing an emergency guardian is not itself a finding that grounds exist for a full guardianship.

3. 3

   Personal service is required on the minor if 12 or older, each parent, and any guardian or person with nonparental custody. Mailed notice goes to a non-parent with primary care, anyone with 60 or more days of care in the prior 2 years or 730 or more days in 5 years, a nominee of a 12-or-older minor, a parent's nominee, grandparents, adult siblings, and any conservator.

4. 4

   The court may grant a full guardianship only if it serves the minor's best interest and either each parent, fully informed of the nature and consequences of guardianship, consents; the rights of every parent have been terminated; or clear and convincing evidence shows no parent is willing or able to exercise parenting functions.

5. 5

   A background check is mandatory before a final order: the court directs the Department of Children, Youth, and Families to release information on the proposed guardian and adult household members, and the petitioner must produce a Washington State Patrol criminal history check for the same people. A lay guardian must also complete standardized training made available by the Administrative Office of the Courts, unless the court grants a waiver.

6. 6

   This guardianship does not terminate a parent's parental rights and is not adoption. A parent, the minor, or another interested person may later petition to terminate, modify, or otherwise change the guardianship, though the court can keep it in place if ending it would harm the minor and the minor's interest in continuity outweighs the parent's interest in regaining authority.

7. 7

   A parent can delegate caregiving authority over the child's care, custody, and property for up to 24 months by a power of attorney, with no petition filed at all, instead of seeking this guardianship; separately, up to 15,000 dollars in a 12-month period can be transferred to a caregiver or a Uniform Transfers to Minors Act custodian, only for the minor's support, care, education, health, or welfare, when no conservator is appointed and no petition is pending.

Washington Requirements for Guardianship of a Minor Petition

• Superior Court of the Child's County Has Jurisdiction

  A Minor Guardianship Petition is filed in the Superior Court of the county where the minor is domiciled or present, under chapter 11.130 RCW, the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.

• Optional Statewide Petition Packet, Form GDN M 102

  The Administrative Office of the Courts publishes a statewide packet led by form GDN M 102, with companion forms for notice, the reasons for guardianship, and a parent's consent; use of these forms is optional under state law.

• Emergency Guardian Limited to 60 Days, With Extensions

  An emergency guardian's authority may not exceed 60 days, extendable once for up to another 60 days on a finding the emergency conditions continue, and further while the full petition is pending, with notice within 48 hours and a hearing within 5 days if the appointment was made without prior notice.

• Personal Service on a Minor Age 12 or Older and Each Parent

  Personal service of the petition and notice of hearing is required on the minor if 12 or older, each parent, and any guardian or person with nonparental custody, with mailed notice to other interested people such as grandparents and adult siblings.

• Consent, Termination, or Clear and Convincing Proof Required

  The court may grant a full guardianship only if it serves the minor's best interest and either each parent, fully informed, consents; the rights of every parent have been terminated; or clear and convincing evidence shows no parent is willing or able to exercise parenting functions.

• Mandatory Background Check Before Final Order

  The court must direct the Department of Children, Youth, and Families to release information on the proposed guardian and adult household members, and the petitioner must produce a Washington State Patrol criminal history check for the same people before a final order.

• Standardized Lay Guardian Training

  A lay guardian must complete standardized training made available at no cost by the Administrative Office of the Courts, unless the court grants a waiver; if no proposed guardian is yet identified, one must be named within 30 days of filing or the case is dismissed.

• No Bond for Guardianship of the Person

  Guardianship of the minor's person carries no statutory bond requirement; a bond instead attaches to a conservator of the minor's estate, and the court can waive or dispense with that bond under specific conditions.

• 24-Month Parental Power of Attorney Alternative

  A parent may delegate caregiving authority over the child's care, custody, and property for up to 24 months by a power of attorney, with no court filing required, as an alternative to a guardianship petition.