Adult Guardianship in Washington
Reviewed by DocDraft Legal Team - Washington - Last updated October 9, 2026
In Washington the superior court appoints a guardian for personal affairs or a conservator for property or financial affairs of an adult called the "respondent" under RCW chapter 11.130, the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. The petition can be made on AOC form GDN C 102, and for a guardian the court must find by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making, that appointment is necessary to prevent significant risk of harm, and that needs cannot be met by a protective arrangement or other less restrictive alternative. There is no petitioner-supplied doctor's certificate: on receipt of the petition the court appoints a court visitor and orders a professional evaluation, and the visitor selects the examiner unless the respondent opposes that professional, in which case the visitor obtains an evaluation from the professional the respondent selects. The respondent is served personally not more than five court days after filing, and the petition shall be heard within 60 days unless a party or the court visitor requests an extension.
Find out where you stand in Washington
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Washington?
A Washington superior court may appoint a guardian only on clear and convincing evidence that the respondent cannot meet essential requirements for physical health, safety, or self-care because unable to receive and evaluate information or make or communicate decisions, even with supports, that appointment is necessary to prevent significant risk of harm, and that no less restrictive alternative meets the needs.
Which court and which form start an adult guardianship in Washington?
File in Washington superior court; ask the clerk which county is the proper venue. The Administrative Office of the Courts form is GDN C 102, Petition for Guardianship, Conservatorship, or Protective Arrangement of an Adult. The statutory forms are optional unless the chapter says otherwise, except the RCW 11.130.657 notice, so ask the court clerk what the court requires.
Does Washington require a doctor's report for an adult guardianship?
Not necessarily from a doctor. The court orders a professional evaluation by a physician, psychologist, advanced registered nurse practitioner, or physician assistant selected by the court visitor; if the respondent opposes that professional, the visitor must obtain an evaluation from the professional the respondent selects. The report is due within thirty days of the examination.
What rights does the person have in a Washington guardianship case?
The respondent is served personally within five court days of filing. Unless already represented, the court must appoint an attorney on objection, a request to the visitor, or if rights cannot otherwise be protected. The hearing needs the respondent present unless the court finds by clear and convincing evidence a refusal, or the respondent cannot practicably attend; an alternative location or audiovisual attendance is used where feasible.
Washington's court visitor, court-ordered evaluation, and attorney rules
Washington uses its own vocabulary under RCW chapter 11.130. A guardian makes decisions about the personal affairs of an adult and a conservator makes decisions about property or financial affairs; each may be full or limited, and the adult is the "respondent" and then the adult subject to guardianship or conservatorship. A protective arrangement instead of guardianship or conservatorship is a one-time court order that appoints no guardian. The superior court decides, and the AOC petition form is GDN C 102. For a guardian, the court must find by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making, that appointment is necessary to prevent significant risk of harm, and that needs cannot be met by a protective arrangement or other less restrictive alternative (RCW 11.130.265). The determination is a legal decision, not a medical one, and age, eccentricity, poverty, or medical diagnosis alone are not sufficient. A court visitor is appointed on receipt of every adult guardianship petition, and the court orders a professional evaluation by a physician, psychologist, advanced registered nurse practitioner, or physician assistant selected by the visitor, not the petitioner; if the respondent opposes that professional, the visitor must obtain an evaluation from the professional the respondent selects. Unless already represented, the respondent must be given a court-appointed attorney, regardless of ability to pay, when the respondent objects or asks the visitor for a lawyer, or when the court finds rights cannot otherwise be protected. The hearing may not proceed unless the respondent attends, except where the respondent refuses (a clear and convincing finding) or cannot practicably attend, and the respondent may demand a jury trial on whether a basis exists.
Relevant Laws
RCW 11.130.010 and 11.130.265 (Definitions and basis for guardianship)
Defines guardian, conservator, and less restrictive alternative, and sets the clear and convincing evidence finding for appointing a guardian of an adult, including the legal-not-medical rule and the requirement that needs cannot be met by a less restrictive alternative.
RCW 11.130.270 and 11.130.275 (Petition, service and hearing timing)
Governs the petition for appointment of a guardian for an adult, personal service on the respondent and court visitor not more than five court days after filing, the notice of rights, and the 60-day hearing requirement.
RCW 11.130.280, 11.130.285, 11.130.290 and 11.130.295 (Visitor, counsel, evaluation, hearing)
Covers the court visitor and visitor report, the respondent's right to appointed counsel, the court-ordered professional evaluation and its thirty-day report, and the respondent's attendance at the hearing.
Washington Courts court forms
Official Washington Courts forms index, including AOC form GDN C 102 and the emergency orders GDN E 302 and GDN E 303.
Regional Variances
Washington adult guardianship requirements
Court
Superior Court of Washington, with a court-appointed court visitor on every adult petition and an appointed attorney when the respondent objects, asks the visitor for a lawyer, or the court finds rights cannot otherwise be protected, unless already represented (RCW chapter 11.130). Ask the clerk about venue.
Terms used
Guardian (personal affairs) and conservator (property or financial affairs), each full or limited, of a "respondent" (RCW 11.130.010). A protective arrangement instead of guardianship or conservatorship is a one-time court order that appoints no guardian.
Petition form
AOC form GDN C 102, Petition for Guardianship, Conservatorship, or Protective Arrangement of an Adult. Statutory forms are optional unless the chapter says otherwise, but the notice must be in substantially the RCW 11.130.657 form (RCW 11.130.640, .275). Ask the court clerk about local requirements.
Incapacity standard and proof
Guardian: the respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making; appointment is necessary to prevent significant risk of harm; and needs cannot be met by a protective arrangement or other less restrictive alternative. Proof: clear and convincing evidence (RCW 11.130.265). Conservator: also clear and convincing evidence (RCW 11.130.360).
Medical or evaluator report
The court orders a professional evaluation on receipt of the petition, by a physician, psychologist, advanced registered nurse practitioner, or physician assistant selected by the court visitor, or by the respondent if the respondent opposes the visitor's choice. Report to the visitor within thirty days of the examination; the visitor's report is copied to the parties at least 15 days before the hearing (RCW 11.130.290, .280). If the respondent declines, the court may proceed if it finds enough information.
Notice and service
Petition and notice of hearing served personally on the respondent and the court visitor not more than five court days after filing, with a plain-language statement of rights. Failure to notify other listed persons does not bar appointment (RCW 11.130.275). Petition shall be heard within 60 days unless a party or the visitor requests an extension.
Right to counsel
Unless already represented, the court must appoint an attorney, regardless of ability to pay, when the respondent objects or asks the visitor for a lawyer, or the court finds rights cannot otherwise be protected. Public expense if the respondent cannot afford counsel, faces substantial hardship, or lacks practical access to funds (RCW 11.130.285). Jury trial may be demanded on whether a basis exists and on which rights are retained or restricted (RCW 11.130.035).
Less restrictive alternatives
Mandatory finding: no guardian unless needs cannot be met by a protective arrangement or other less restrictive alternative; no full guardianship if a limited one would meet the needs (RCW 11.130.265, .310).
Emergency guardianship
Clear and convincing evidence of an emergency such that appointment is likely to prevent substantial and irreparable harm, no less restrictive alternative, no other person with authority and willingness to act, and a basis for guardianship under RCW 11.130.265 appears to exist; may not exceed sixty days, extendable once for not more than sixty days. Forms GDN E 302 and E 303 (RCW 11.130.320, .430).
Bond and reports
Conservator: bond with surety or verified receipt, waivable on a finding that neither is necessary but never for a paid professional conservator; the court may dispense with bond, with reporting conditions, where total assets are under $3,000, and regulated trust institutions are exempt (RCW 11.130.445). Ask the clerk about bond for a guardian of the person. Guardian plan within 90 days of appointment; reports at the court-set annual, biennial, or triennial interval, due within 90 days after the anniversary (RCW 11.130.340, .345). Conservator inventory within 90 days (RCW 11.130.515).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney or healthcare power of attorney, supported decision making, or a limited guardianship would meet the need. The court may appoint a guardian only if needs cannot be met by a protective arrangement or other less restrictive alternative, and the petition must describe the alternatives considered.
Prepare the petition on form GDN C 102
Before filing days after startingComplete AOC form GDN C 102 for Washington superior court (ask the clerk which county is the proper venue), with the Notice of Guardianship, Conservatorship, or Protective Arrangement in substantially the RCW 11.130.657 form. Ask the court clerk about local requirements and fees.
File and present the order appointing a court visitor
At filing days after startingFile the petition with the notice and present GDN C 103, Order Appointing Court Visitor. On receipt of the petition the court appoints the visitor and orders a professional evaluation; the examiner is selected by the visitor, not the petitioner (or by the respondent if the respondent opposes the visitor's choice), and the report goes to the visitor within thirty days of the examination.
Serve the respondent personally
Not more than five court days after filing days after startingServe the petition and notice of hearing personally on the respondent and the court visitor not more than five court days after filing. The court may not grant the petition without substantially compliant notice. The petition shall be heard within 60 days unless a party or the court visitor requests an extension.
Calendar the plan, inventory, bond and reports
After appointment days after startingA guardian files a plan for the adult's care within 90 days after appointment; a conservator files an inventory within 90 days and gives a bond with surety or a verified receipt unless the court finds neither is necessary, which it may not find for a paid professional conservator; the court may dispense with bond, with reporting conditions, where total assets are under $3,000, and regulated trust institutions are exempt. Guardian reports are due at the court-set annual, biennial, or triennial interval, within 90 days after the anniversary of appointment.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney or healthcare power of attorney, supported decision making, or a limited guardianship would meet the need. The court may appoint a guardian only if needs cannot be met by a protective arrangement or other less restrictive alternative, and the petition must describe the alternatives considered. | durable-power-of-attorney | Before filing |
| Prepare the petition on form GDN C 102 | Complete AOC form GDN C 102 for Washington superior court (ask the clerk which county is the proper venue), with the Notice of Guardianship, Conservatorship, or Protective Arrangement in substantially the RCW 11.130.657 form. Ask the court clerk about local requirements and fees. | - | Before filing |
| File and present the order appointing a court visitor | File the petition with the notice and present GDN C 103, Order Appointing Court Visitor. On receipt of the petition the court appoints the visitor and orders a professional evaluation; the examiner is selected by the visitor, not the petitioner (or by the respondent if the respondent opposes the visitor's choice), and the report goes to the visitor within thirty days of the examination. | - | At filing |
| Serve the respondent personally | Serve the petition and notice of hearing personally on the respondent and the court visitor not more than five court days after filing. The court may not grant the petition without substantially compliant notice. The petition shall be heard within 60 days unless a party or the court visitor requests an extension. | - | Not more than five court days after filing |
| Calendar the plan, inventory, bond and reports | A guardian files a plan for the adult's care within 90 days after appointment; a conservator files an inventory within 90 days and gives a bond with surety or a verified receipt unless the court finds neither is necessary, which it may not find for a paid professional conservator; the court may dispense with bond, with reporting conditions, where total assets are under $3,000, and regulated trust institutions are exempt. Guardian reports are due at the court-set annual, biennial, or triennial interval, within 90 days after the anniversary of appointment. | - | After appointment |
Frequently Asked Questions
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