Washington: Adult Guardianship and Conservatorship Petition Requirements

Requirements one by one

Proceeding and state terminology

Washington uses separate but parallel adult proceedings. A guardian addresses physical health, safety, and self-care; a conservator addresses property and financial affairs. A guardianship petition may be treated as a conservatorship or protective-arrangement petition when the court makes the appropriate findings, but the ordinary petitions and reports otherwise follow their own Article 3 and Article 4 tracks.

Who may file and where

Under RCW § 11.130.270, the adult or another person interested in the adult's welfare may seek guardianship. RCW § 11.130.365 permits the adult, the adult's guardian, or a person interested in the estate, finances, or welfare to seek conservatorship. Venue under RCW § 11.130.030 generally follows residence, with special rules for court-ordered institutional placement, emergency presence, and a nonresident's Washington property.

What the petition must contain

Both petitions require a concrete support map: relatives and household members, caregivers, lawyers, payees, trustees, fiduciaries, agents, nominees, proposed appointee, and anyone who recently helped the adult make decisions. The petitioner must describe the alleged need, list protective arrangements and other alternatives considered or used, explain why they are insufficient, and justify full rather than limited authority. The guardianship petition specifies personal powers; the conservatorship petition identifies the property and financial powers to be controlled.

Proof required for appointment

Both tracks require clear and convincing evidence, but the functional tests differ. RCW § 11.130.265 ties guardianship to inability—despite supports—to meet essential physical-health, safety, or self-care needs plus a significant harm risk. RCW § 11.130.360 ties conservatorship to inability to manage property or finances plus harm, dissipation, or support need. Both say the decision is legal rather than medical and reject age, eccentricity, poverty, or diagnosis alone.

Alternatives the court must address

Alternatives operate at every stage. The petition must disclose them; the visitor must investigate them; the appointment standard makes their insufficiency an element of clear-and-convincing proof; and the final order must make a specific no-sufficient-alternative finding. A full appointment is forbidden when a limited appointment, protective arrangement, supportive services, technology, or supported decision making can meet the need.

Notice, service, and hearing timing

RCW § 11.130.275 and RCW § 11.130.370 require the ordinary hearing within 60 days after filing unless a party or visitor obtains a good-cause extension. The adult and visitor receive personal service within five court days after filing; in a conservatorship case the appointed or proposed guardian is also personally served. The rights notice must identify the powers at stake and the rights to chosen counsel and a jury, and petition-listed family members, helpers, fiduciaries, and agents receive notice.

Counsel and hearing rights

Counsel is not automatic in every ordinary case. RCW § 11.130.285 and RCW § 11.130.385 require appointment when the adult objects or requests a lawyer, or when the adult's rights and interests cannot otherwise be adequately protected. The visitor must relay an objection or request within five days. The adult may demand a jury on both the basis for appointment and retained or restricted rights, present and subpoena evidence, examine the evaluator and visitor, use chosen support people and communication technology, and request a closed hearing for good cause.

Attendance is the default under RCW § 11.130.295 and RCW § 11.130.400. The court must use an alternative location or real-time audiovisual technology when courthouse attendance is not reasonably feasible. It may proceed without the adult only on clear and convincing evidence of informed refusal or that no practicable participation is possible even with supports.

Medical evidence or court evaluator

The court appoints a trained visitor in every adult guardianship and conservatorship case under RCW § 11.130.280 and RCW § 11.130.380. The visitor interviews the adult, investigates supports and alternatives, and reports at least 15 days before the hearing. RCW § 11.130.290 and RCW § 11.130.390 also require a professional evaluation; the visitor selects a conflict-free physician, psychologist, advanced registered nurse practitioner, or physician assistant, but an objecting adult may select the professional instead. For guardianship, the evaluator sends the report within 30 days after examination; the conservatorship report is due promptly. Refusal does not end the case if the court has enough other information.

The official evaluation sections also display versions effective June 30, 2027. Those versions change the credential label from "advanced registered nurse practitioner" to "advanced practice registered nurse" and do not otherwise change the petition, evaluator-selection, report, or refusal rules summarized here.

Limits on the order

RCW § 11.130.310 requires guardianship orders to find alternatives inadequate and proper notice proved, justify a full guardianship, and list the powers in a limited order. RCW § 11.130.420 imposes the parallel findings for conservatorship and requires a limited order to identify both property and powers. Voting and marriage remain with the adult unless the guardianship order makes the additional statutory findings.

Emergency guardianship and conservatorship are separate RCW §§ 11.130.320 and 11.130.430 proceedings. Each requires clear-and-convincing proof of an emergency, substantial and irreparable harm, no adequate alternative, no other willing authority, and reason to believe the ordinary appointment basis exists; powers are limited to the emergency, for no more than 60 days plus one possible 60-day extension.

What trips people up

The five-court-day rule measures how quickly the adult and visitor must be personally served after filing; it is not a minimum notice period before the ordinary hearing. The separate 60-day provision is the hearing deadline. Emergency proceedings use their own notice architecture, including appointed counsel and ordinarily at least 14 days' hearing notice.

The professional evaluation is important evidence, but it is not the legal decision. The statute expressly calls incapacity and rights restriction legal questions, requires demonstrated functional insufficiencies over time, and forbids appointment based on diagnosis alone.

Common questions

Must the petition explain alternatives already tried?

Yes. It must identify protective arrangements and other less restrictive alternatives considered or implemented, explain why none were considered if that is the case, and explain why the available alternatives are insufficient.

Is a lawyer automatically appointed?

Not in every ordinary case. Appointment is mandatory when the adult objects or requests counsel or the court finds the adult's rights cannot otherwise be adequately protected. Emergency proceedings require immediate appointment of counsel.

Can the adult choose the evaluator?

The visitor initially selects a qualified, conflict-free professional. If the adult objects, the visitor must obtain an evaluation from the professional selected by the adult and may then obtain a supplemental evaluation from someone else.

Can the court grant full authority by default?

No. Full guardianship or conservatorship is prohibited when a limited appointment, protective arrangement, or other less restrictive alternative will meet the need, and a full order requires specific findings explaining why limited authority is insufficient.

Statutes and sources

• Chapter 11.130 RCW — Uniform Guardianship Act structure and section index (accessed July 18, 2026).
• RCW §§ 11.130.265 to .320 — adult guardianship petition, proof, notice, visitor, counsel, evaluation, hearing, order, and emergency boundary (accessed July 18, 2026).
• RCW §§ 11.130.360 to .430 — adult conservatorship parallel provisions (accessed July 18, 2026).
• RCW § 11.130.290 official PDF — current and June 30, 2027 professional-evaluation versions (accessed July 18, 2026).