Washington Adult Guardianship / Conservatorship Petition Package (UGCOPAA)

WASHINGTON ADULT GUARDIANSHIP / CONSERVATORSHIP PETITION PACKAGE

Petition under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)

Statutory Framework: RCW Title 11.130 (enacted 2019, effective January 1, 2021)

Court of Jurisdiction: Superior Court of the county where the respondent resides.

Standard of Proof: Clear and convincing evidence (RCW 11.130.265).

IMPORTANT — WASHINGTON IS A "MOST PROGRESSIVE" UGCOPAA JURISDICTION. Effective January 1, 2021, Washington became among the most reform-oriented states in adult guardianship law. Supported decision-making is the default presumption. Guardianship is the alternative of last resort, available ONLY when supported decision-making, protective arrangements instead of guardianship (RCW 11.130.350 et seq.), and other less restrictive options will not meet the adult's needs. The court SHALL appoint a court visitor in every adult guardianship case (RCW 11.130.280) and SHALL appoint an attorney to represent the respondent (RCW 11.130.285 — the "ITAP" — Independent Trained Attorney Program is the recommended counsel pool in many counties).

PART 1 — PRE-PETITION CHECKLIST

☐ Confirm RCW 11.130.037 presumption of legal capacity — adult is presumed to have capacity.

☐ EXHAUST LESS RESTRICTIVE ALTERNATIVES FIRST (required threshold):
☐ Supported Decision-Making Agreement under RCW 11.130.700-.755
☐ Durable power of attorney (RCW 11.125 — Uniform Power of Attorney Act)
☐ Health care directive / advance directive (RCW 70.122)
☐ Mental health advance directive (RCW 71.32)
☐ Representative payee
☐ Trust arrangements (special needs trust, revocable trust)
☐ Joint accounts / authorized signers
☐ Protective Arrangement Instead of Guardianship (RCW 11.130.350 et seq.) — a tailored court order short of guardianship
☐ Limited guardianship (RCW 11.130.305) — preferred over full guardianship

☐ Confirm proper venue — county of respondent's residence (RCW 11.130.030).

☐ Identify proposed guardian / conservator — confirm qualifications (RCW 11.130.090):
☐ Not a creditor (presumptively disqualified)
☐ Not employed by long-term care facility serving respondent
☐ Certified Professional Guardian / Conservator if paid professional (Certified Professional Guardianship and Conservatorship Board; RCW 11.130.045 and related)
☐ Background check / criminal history disclosure (RCW 11.130.085)

☐ Obtain professional evaluation contemplated by RCW 11.130.290 (may be ordered after visitor appointed).

☐ Identify all interested parties for notice (RCW 11.130.275; minimum 14 days before hearing).

☐ Draft Guardianship / Conservatorship Summary (RCW 11.130.160) — plain-language summary of powers requested.

☐ Use mandatory pattern forms promulgated by the Administrative Office of the Courts (WPF GDN AD).

☐ Consider Courthouse Facilitator Program (RCW 11.130.165).

PART 2 — VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN FOR ADULT

SUPERIOR COURT OF WASHINGTON
COUNTY OF [____________________]
No. [____________________]

PETITION FOR APPOINTMENT OF GUARDIAN AND / OR CONSERVATOR FOR ADULT

(RCW 11.130.270; RCW 11.130.380)

Petitioner [______________________________], pursuant to RCW 11.130.270, petitions the Court for the following:

1. Petitioner.
(a) Name: [______________________________]
(b) Address / phone / email: [______________________________]
(c) Relationship to / interest in Respondent: [______________________________]

2. Respondent (Adult Subject to the Petition).
(a) Name (and any other names used): [______________________________]
(b) Age / date of birth: [____] / [__/__/____]
(c) Address and current residence: [______________________________]

3. Respondent's Family / Persons Entitled to Notice (RCW 11.130.275). Names, addresses, and relationship of (i) spouse / domestic partner; (ii) adult children; (iii) parents; (iv) any adult siblings; (v) any other person who has had primary care or custody during the 60 days before filing; (vi) any agent under POA / health care directive; (vii) any guardian / conservator currently acting:

4. Nature of Respondent's Alleged Incapacity / Functional Limitations. Specific cognitive, functional, and behavioral limitations:
[______________________________]

5. Reasons Guardianship / Conservatorship is Necessary and why protective arrangements or less restrictive alternatives will NOT meet Respondent's needs:
[______________________________]

6. Less Restrictive Alternatives Considered (REQUIRED — RCW 11.130.265):
[______________________________]

7. Type of Appointment Sought.
☐ Guardian (decisions regarding person)
☐ Conservator (decisions regarding estate / finances)
☐ Both guardian and conservator
☐ Limited (preferred — specify powers): [____________________]
☐ Emergency (RCW 11.130.320)
☐ Protective Arrangement Instead of Guardianship (RCW 11.130.350)

8. Proposed Guardian / Conservator.
(a) Name: [______________________________]
(b) Address / phone: [______________________________]
(c) Relationship: [______________________________]
(d) Statement of qualifications and willingness to serve: [______________________________]
(e) Certified Professional Guardian / Conservator? ☐ Yes ☐ No (CPG / CPC No.: [____________])
(f) Bankruptcy / criminal history disclosure (RCW 11.130.085): [______________________________]

9. Specific Powers Requested (must be tailored to actual functional limitations; RCW 11.130.305):
☐ Decisions regarding residence
☐ Decisions regarding health care
☐ Decisions regarding social environment and other social aspects
☐ Decisions regarding education / vocational training
☐ Receipt of services
☐ Other: [____________________]

10. Approximate Value of Respondent's Estate (if conservatorship sought):
(a) Real property: $[____________]
(b) Personal property / accounts: $[____________]
(c) Anticipated annual income: $[____________]

11. Existing Agents / Fiduciaries.
(a) Agent under power of attorney: [______________________________]
(b) Agent under health care directive: [______________________________]
(c) Supporter under Supported Decision-Making Agreement (RCW 11.130.700): [______________________________]
(d) Trustee: [______________________________]
(e) Representative payee: [______________________________]

12. Reasons for Selection of Proposed Guardian / Conservator (RCW 11.130.305 priority preferences; Respondent's nominee in any pre-need designation is preferred):
[______________________________]

WHEREFORE, Petitioner requests that the Court:
(a) Appoint a court visitor under RCW 11.130.280;
(b) Appoint counsel for Respondent under RCW 11.130.285 (ITAP);
(c) Order a professional evaluation under RCW 11.130.290;
(d) Set a hearing on the petition;
(e) After hearing, enter findings as required by RCW 11.130.265 and 11.130.305 and appoint the least restrictive guardian / conservator necessary;
(f) Set bond under RCW 11.130.410;
(g) Order initial inventory and annual reporting.

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Dated: [__/__/____] at [______________], Washington.

[______________________________] Petitioner
[______________________________] Attorney for Petitioner / WSBA No. [____________]

PART 3 — NOTICE OF HEARING (RCW 11.130.275)

TO RESPONDENT AND ALL INTERESTED PARTIES:

A petition has been filed in [__________] County Superior Court, No. [__________], asking the court to appoint a guardian and / or conservator for [Name of Respondent].

A hearing will be held on [__/__/____] at [____] [☐ a.m. ☐ p.m.] at [______________________________].

Notice must be given AT LEAST 14 DAYS before the hearing (RCW 11.130.275).

RIGHTS OF RESPONDENT (RCW 11.130.295)

You have the right to:
1. Be represented by an attorney — the court WILL appoint one for you at public expense if you cannot afford one (RCW 11.130.285).
2. Be present at the hearing in person.
3. Present evidence and call witnesses.
4. Cross-examine witnesses, including the court visitor and the professional evaluator.
5. A trial by jury upon request.
6. A closed hearing upon request.
7. Object to the proposed guardian / conservator.
8. Have the proceedings explained to you in plain language.
9. Refuse a professional evaluation — but the court may draw inferences.
10. Continue to make your own decisions in any area not specifically removed by the court. Washington UGCOPAA presumes you retain all rights.

PART 4 — COURT VISITOR APPOINTMENT (RCW 11.130.280) — MANDATORY

The Court SHALL appoint a court visitor on filing of every adult petition. The visitor must be from the AOC-maintained registry (RCW 11.130.155).

COURT VISITOR DUTIES

☐ Personally interview Respondent in a manner Respondent is best able to understand.
☐ Explain the petition, the process, and Respondent's rights.
☐ Inform Respondent of the right to attorney (and confirm appointment).
☐ Visit Respondent's current and proposed residence.
☐ Interview Petitioner and proposed guardian / conservator.
☐ Investigate less restrictive alternatives, including supported decision-making.
☐ Investigate the proposed guardian / conservator's qualifications.
☐ Review professional evaluation.
☐ File written report with the Court at least 15 days before hearing addressing:
☐ Whether Respondent has capacity / functional limitations
☐ Less restrictive alternatives available
☐ Suitability of proposed appointee
☐ Specific powers recommended (tailored, limited)
☐ Whether Respondent should attend hearing
☐ Whether jury trial requested

PART 5 — APPOINTMENT OF COUNSEL FOR RESPONDENT (RCW 11.130.285) — ITAP

The Court SHALL appoint an attorney to represent Respondent. In many counties, the attorney is drawn from the Independent Trained Attorney Program (ITAP) — attorneys who have completed specialized training in UGCOPAA and adult capacity law.

Counsel's role is ADVOCACY for the Respondent's expressed wishes (distinct from the court visitor's investigative role).

☐ Order appointing attorney for Respondent
☐ Source of payment (state, county, Respondent's estate)
☐ Confirmation counsel has completed ITAP training

PART 6 — PROFESSIONAL EVALUATION (RCW 11.130.290)

On receipt of petition and when the visitor is appointed, the Court may order a professional evaluation. The evaluation must be conducted by a physician, licensed psychologist, advanced registered nurse practitioner, or other professional appropriate for Respondent's alleged limitations.

EVALUATION REPORT

1. Identification of evaluator (name, license, specialty): [______________________________]
2. Date(s), location, and method of evaluation: [__/__/____]
3. Description of nature, type, and extent of Respondent's specific cognitive and functional limitations: [______________________________]
4. Evaluation of mental and physical condition; if appropriate, adaptive behavior and social skills: [______________________________]
5. Prognosis and recommendation for treatment, habilitation, or supports: [______________________________]

6. Recommendation regarding ability to:
   ☐ Receive and evaluate information
   ☐ Make and communicate decisions
   ☐ Manage health care
   ☐ Manage finances
   ☐ Live independently with supports

7. Opinion on whether supported decision-making would meet Respondent's needs: [______________________________]

8. Date of examination: [__/__/____]

Signature of Evaluator: [______________________________]

PART 7 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS (RCW 11.130.265) — SUPPORTED DECISION-MAKING FIRST

Washington presumption: SUPPORTED DECISION-MAKING is the default. A guardian or conservator may be appointed only if the Court finds by clear and convincing evidence that less restrictive alternatives, including supported decision-making, are inadequate.

PART 8 — BOND (RCW 11.130.410)

Conservator bond is generally required equal to the value of the estate plus one year's anticipated income, unless waived or reduced by the Court.

☐ Bond amount: $[____________]
☐ Surety: [______________________________]
☐ Bond waived (reason): [______________________________]
☐ Restricted accounts / blocked accounts in lieu of bond

PART 9 — ORDER APPOINTING GUARDIAN / CONSERVATOR (RCW 11.130.305)

SUPERIOR COURT OF WASHINGTON, COUNTY OF [____________________]
No. [____________________]

THIS MATTER came before the Court on [__/__/____] upon the petition of [Petitioner], the report of the court visitor, the report of court-appointed counsel, the professional evaluation, and the testimony presented; and the Court having found by CLEAR AND CONVINCING EVIDENCE that:

(a) Respondent's identified needs cannot be met by a less restrictive alternative, including supported decision-making;
(b) Respondent is unable to receive and evaluate information or make or communicate decisions to such an extent that Respondent lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate supports; and / or
(c) Respondent is unable to manage property and business affairs to such an extent that Respondent will likely suffer substantial harm without protection;

IT IS HEREBY ORDERED:

1. [Name of Respondent] is found to be an adult subject to guardianship / conservatorship as described in RCW 11.130.265.
2. [Name] is appointed as [☐ guardian ☐ conservator] for Respondent, with the specific, limited powers described in Paragraph 4.
3. The appointment is the least restrictive intervention necessary.
4. Specific powers granted (RCW 11.130.305): [____________________].
5. Rights specifically RETAINED by Respondent (RCW 11.130.315): [____________________] — including, unless specifically removed: the right to marry; vote; make personal decisions about social environment; consent to or refuse routine medical care; communicate with others; receive visitors.
6. Bond is set at $[____________] with [☐ surety ☐ waiver ☐ blocked accounts].
7. Initial inventory due within [____] days (RCW 11.130.415).
8. Annual report and accounting due each year (RCW 11.130.340 / 11.130.420).
9. The guardian / conservator shall encourage Respondent's participation in decisions and act consistently with Respondent's wishes to the extent known.
10. The order shall be reviewed periodically as required by RCW 11.130.310.

[______________________________] Judge / Court Commissioner Dated: [__/__/____]

PART 10 — LETTERS OF GUARDIANSHIP / CONSERVATORSHIP

Issued by the Clerk of the Superior Court certifying the authority of [Name] to act as [guardian / conservator] of [Respondent], with the powers expressly granted in the Order entered [__/__/____].

[______________________________] Clerk

PART 11 — INITIAL INVENTORY AND ANNUAL REPORTS

Conservator's Inventory (RCW 11.130.415):
☐ Real property at FMV on date of appointment
☐ Bank, brokerage, retirement accounts
☐ Tangible personal property of significance
☐ Income sources
☐ Debts of estate
Filed within [____] days of appointment per court order.

Annual Report — Guardian (RCW 11.130.340):
☐ Current address / living arrangement
☐ Significant medical and mental health events
☐ Major decisions made
☐ Number and nature of contacts with Respondent
☐ Recommendation on continuation / modification / termination
☐ Assessment of Respondent's expressed preferences and adherence to them

Annual Accounting — Conservator (RCW 11.130.420):
☐ Receipts and disbursements (itemized)
☐ Investment activity
☐ Beginning and ending balances
☐ Major management decisions and rationale
☐ Bond review and recommendation

Periodic Review (RCW 11.130.310):
☐ Court reviews necessity of guardianship / conservatorship periodically
☐ Respondent, court visitor, or any interested person may petition for modification or termination at any time (RCW 11.130.325)

SOURCES AND REFERENCES

• RCW Title 11.130 — https://app.leg.wa.gov/RCW/default.aspx?cite=11.130
• Washington Courts AOC mandatory pattern forms (WPF GDN AD series): https://www.courts.wa.gov
• Washington Certified Professional Guardianship and Conservatorship Board
• Disability Rights Washington — Supported Decision-Making resources
• Washington Bar Association — Elder Law Section
• Effective Date: January 1, 2021 (Laws of 2019, ch. 437); among the most comprehensive UGCOPAA adoptions in the United States