GUARDIANSHIPS
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The legislature recognizes that people with incapacities have unique abilities and needs, and that some people with incapacities cannot exercise their rights or provide for their basic needs without the help of a guardian. However, their liberty and autonomy should be restricted through the guardianship process only to the minimum extent necessary to adequately provide for their own health or safety, or to adequately manage their financial affairs. RCW 11.130.001.
Is a Guardianship and/or Conservatorship needed?
The Washington State Courts Guardianship Portal provides Resources to help you understand the Guardianship/Conservatorship process and the roles and duties of Guardians and Conservators. Please note that this information is not legal advice and that processes may vary by county.
AS OF JAN. 1, 2022, A NEW LAW IS IN EFFECT UNDER 11.130 RCW THAT IMPACTS GUARDIANSHIPS AND CONSERVATORSHIPS
The Uniform Guardianship Act took effect on January 1, 2022, with RCW Chapter 11.88 being repealed. The repeal of the prior statute does not invalidate guardianships commenced or entered under the old law, but there are some changes to be considered.
The Administrative Office of the Courts for Washington State has produced guides to assist people with understanding the changes. This is in addition to the Guardianship Portal:
General Information on Adult Guardianship [PDF]
Information for Current Guardians for Adults [PDF]
Monitoring of Guardianships and/or Conservatorshipss
Skagit County Superior Court provides oversight for all guardianship and/or conservatorship cases that are within the Court's jurisdiction under the provisions of RCW Chapter 11.130 and RCW Chapter 11.92. The Guardianship Monitoring Program (GMP) has been established to assist the Courts in ensuring that incapacitated persons and their estates are protected and that appointed guardians and conservators carry out their duties. Guardians and conservators are required to provide reports to the Court regarding their activities on behalf of the Incapacitated Persons in their care.
The GMP assists the Courts to provide monitoring and oversight of:
- Initial Reports
- Periodic Reports
- Final Reports
- Miscellaneous Reports
Guardianship Revised Code of Washington (RCW) Statutes
Please review RCW Chapters 11.130 and 11.92 for more information.
Definitions of Terms
Guardians: A guardian is a person appointed by the court to make decisions with respect to the personal affairs of an individual.
Conservators: A conservator is a person appointed by the court to make decisions with respect to the property or financial affairs of an individual.
Court Visitors: A court visitor is a person appointed by the court when a guardianship petition is filed to conduct an investigation into the petition and make recommendations about the appropriateness of the guardianship to the court. The investigation includes interviews of the respondent, petitioner, and any proposed guardian(s).
Guardian ad Litem (GAL): A GAL is someone who may be appointed by the court to represent the best interests of an individual for a specific purpose for a specific period of time. Under the court’s direction, a GAL performs and investigation and prepares a report for the court of their findings and recommendations.
Online Forms and Information:
Guardianship forms available at the Clerk’s Office for purchase.
To make an appointment with the guardianship facilitator please call (360) 416-1200.
