Washington Temporary Guardianship Agreement
Washington lets a parent delegate a child's care for up to 24 months, with no court involved.
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Introduction
A Washington parental power of attorney under RCW 11.130.145 is signed by the parent and names another person as agent. It cannot delegate the power to consent to marriage or adoption. It is not a court guardianship and does not transfer custody.
Key Things to Know
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Washington's instrument is a parental power of attorney under RCW 11.130.145, with RCW 11.125.410 for health care and the general power of attorney act, chapter 11.125 RCW. The parent signs it and names another person as agent. This document is drafted from the statute.
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A parent may delegate for a period not exceeding twenty-four months. That is a ceiling on one delegation. Name an end date within the limit.
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The general power of attorney act requires a power of attorney to be acknowledged before a notary or attested by two or more competent witnesses who are unrelated to the principal or agent by blood, marriage or state registered domestic partnership (RCW 11.125.050). A notary is the alternative to witnesses, not an addition. RCW 11.130.145 does not itself state an execution rule or say whether one or both parents must sign, so signing before a notary is the safer course.
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The parent may delegate any power regarding care, custody, or property of the minor, except the power to consent to marriage or adoption. Schools are not named in the statute; any school authority rests on the general care and custody delegation. Health care authority applies only if the child has no other parent or legal representative readily available and authorized to consent, so it does not override an available parent.
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This page does not promise that any school or provider must accept the document. Washington's general power of attorney act has rules for third parties who accept a power of attorney, but it is not settled that those rules cover a parent's power of attorney for a minor under RCW 11.130.145. Ask the school or provider ahead of time what it needs.
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This is not a court guardianship. It does not transfer custody and does not end or reduce any parent's rights. The parent may revoke it, because a power of attorney terminates when the principal revokes it (RCW 11.125.100). The statute says the agent may be 'another person' and states no relative requirement or minimum age. A court-appointed guardian of the minor's person supersedes the agent's health care authority only after the court appoints that guardian.
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If this document does not fit your situation, or a longer or court-backed arrangement is needed, Washington has an emergency guardian for a minor (RCW 11.130.225, up to sixty days, extendable once for up to sixty days and further pending a full hearing) and a standby guardian (RCW 11.130.220); a guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Washington child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.
Key decisions before you file
Before you file a Temporary Guardianship Agreement in Washington, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.
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Washington Requirements for Temporary Guardianship Agreement
Parent-Signed Power of Attorney
A parent of a minor, by a power of attorney, may delegate to another person, for up to 24 months, any of the parent's powers regarding care, custody, or property of the minor, other than power to consent to marriage or adoption (RCW 11.130.145).
Twenty-Four Month Ceiling
A delegation may be for a period not exceeding twenty-four months (RCW 11.130.145).
Notary or Two Witnesses
The general power of attorney act requires a power of attorney to be acknowledged before a notary or attested by two or more competent witnesses unrelated to the principal or agent by blood, marriage or state registered domestic partnership (RCW 11.125.050(1)). RCW 11.130.145 states no execution rule itself, and it is not settled that the general rule governs a parental power of attorney, so signing before a notary is the safer course.
Marriage and Adoption Excluded
The power to consent to marriage or adoption cannot be delegated (RCW 11.130.145).
Health Care Decisions
A parent may authorize an agent to make health care decisions for the child, effective if the child has no other parent or legal representative readily available and authorized to consent (RCW 11.125.410(1)).
Revocation by the Parent
A power of attorney terminates when the principal revokes it, and termination is not effective against an agent or third party acting in good faith without actual knowledge (RCW 11.125.100(1)(c), (5)).
Term and Powers Stated in the Document
As drafted, this document names the agent, lists the powers delegated, and states an effective date and an end date that should fall within the twenty-four month ceiling.
Court-Appointed Guardian Supersedes
A court-appointed guardian of the person of a minor supersedes the agent's health care authority only after the court has appointed that guardian (RCW 11.125.410(3)).