Designation of Guardian for Minor Child

DESIGNATION OF GUARDIAN FOR MINOR CHILD

STATE OF WASHINGTON

Pursuant to RCW Chapter 11.130 — Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act

ARTICLE I — DECLARANT INFORMATION

I, the undersigned Declarant, make this Designation of Guardian ("Designation") under and pursuant to the laws of the State of Washington, including RCW § 11.130.185, which provides that the court shall appoint a person nominated as guardian by a parent of a minor in a probated will or other record, unless the court finds the appointment is contrary to the best interest of the minor.

Status of Other Parent:

Washington Law Note: Washington enacted the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), effective January 1, 2022, codified at RCW Chapter 11.130. Under RCW § 11.130.185, a parent of a minor may nominate a guardian in a signed record. The parent may also state desired limitations on the powers to be granted the guardian. The court shall appoint the parent's nominee unless the court finds the appointment is contrary to the best interest of the minor.

ARTICLE II — MINOR CHILDREN INFORMATION

I hereby designate a guardian for the following minor child(ren) for whom I have legal custody or parental authority:

Washington Law Note: Under RCW § 11.130.195, notice of the guardianship hearing must be personally served on the minor if the minor is twelve (12) years of age or older. A minor who is twelve or older has the right to be heard regarding the appointment.

ARTICLE III — DESIGNATION OF PRIMARY GUARDIAN

Section 3.1 — Primary Guardian

I hereby nominate and designate the following individual to serve as Guardian of the Person of my minor child(ren) named above, in the event of my death, incapacity, or inability to care for said child(ren), pursuant to RCW § 11.130.185:

Type of Guardianship/Conservatorship Designated:

Washington Law Note: Under Washington's UGCOPAA, a "guardian" is responsible for the person and a "conservator" is responsible for the estate/financial affairs. See RCW § 11.130.215 (powers of guardian) and RCW § 11.130.355 et seq. (conservatorship).

☐ Guardian of the Person only
☐ Conservator of the Estate only
☐ Guardian of the Person and Conservator of the Estate

Section 3.2 — First Alternate Guardian

If the Primary Guardian named above is unable or unwilling to serve, has predeceased me, or the court finds appointment contrary to the minor's best interest, I designate the following individual as First Alternate Guardian:

Section 3.3 — Second Alternate Guardian

If neither the Primary Guardian nor the First Alternate Guardian is able or willing to serve, I designate the following individual as Second Alternate Guardian:

ARTICLE IV — STANDBY GUARDIAN PROVISIONS

Washington Law Note: Under RCW § 11.130.220, a parent of a minor, in a signed record, may nominate a person to be appointed by the court as a standby guardian for the minor. The parent may state desired limitations on the powers to be granted the standby guardian. A standby guardian may act without court order upon a triggering event.

Section 4.1 — Standby Guardian Election

☐ I elect to nominate the Primary Guardian named in Section 3.1 as a Standby Guardian under RCW § 11.130.220
☐ I elect to nominate a different individual as Standby Guardian (complete below)
☐ I do NOT elect standby guardian provisions

Standby Guardian (if different from Primary Guardian):

Triggering Events for Standby Guardian:

☐ My death
☐ My incapacity as determined by a licensed physician
☐ My debilitating illness or physical incapacity
☐ Other triggering event: [________________________________]

Limitations on Standby Guardian Powers:

[________________________________]

ARTICLE V — POWERS GRANTED TO GUARDIAN

Section 5.1 — Powers of Guardian of the Person

Pursuant to RCW § 11.130.215, the Guardian of the Person shall have the following powers and duties:

☐ The power to establish the minor's place of residence within or outside Washington
☐ The duty to maintain sufficient contact with the minor to know the minor's capacities, limitations, needs, opportunities, and physical and mental health
☐ The authority to consent to medical, dental, psychological, psychiatric, and other health care for the minor
☐ The authority to consent to the provision of professional services for the minor
☐ The authority to make decisions regarding the minor's education and training
☐ The authority to apply for government benefits on behalf of the minor
☐ The right to reasonable compensation for services rendered as guardian, subject to court approval

Section 5.2 — Powers of Conservator (if designated)

☐ The authority to manage the minor's financial assets, investments, and property
☐ The authority to collect, hold, and retain assets of the minor's estate
☐ The duty to file an inventory of the minor's estate with the court
☐ The duty to file periodic accountings with the court
☐ The duty to use the minor's property for the minor's current needs for support, care, education, health, and welfare

Section 5.3 — Desired Limitations on Guardian's Powers

Under RCW § 11.130.185, I state the following desired limitations on the powers to be granted to the guardian:

☐ No limitations — full powers as provided by law
☐ The following limitations apply: [________________________________]

ARTICLE VI — SPECIFIC INSTRUCTIONS FOR CARE OF MINOR CHILD(REN)

Section 6.1 — Education

☐ The child(ren) shall continue attending their current school(s) to the extent practicable
☐ The child(ren) shall attend the following school(s): [________________________________]
☐ The child(ren) shall attend a ☐ public ☐ private ☐ religious ☐ charter school
☐ The child(ren) shall be homeschooled in accordance with RCW § 28A.200
☐ Special education services or IEP accommodations: [________________________________]
☐ Washington GET (Guaranteed Education Tuition) or 529 Plan information: [________________________________]
☐ Other educational instructions: [________________________________]

Section 6.2 — Religious and Cultural Upbringing

☐ The child(ren) shall be raised in the following faith tradition: [________________________________]
☐ The child(ren) shall attend religious services at: [________________________________]
☐ The child(ren) shall participate in the following cultural traditions: [________________________________]
☐ The child(ren) shall maintain connections with the following tribal community (if applicable): [________________________________]
☐ No specific religious or cultural instructions

Section 6.3 — Medical Care

☐ The child(ren) shall continue care with their current healthcare providers: [________________________________]
☐ The child(ren) have the following known allergies: [________________________________]
☐ The child(ren) currently take the following medications: [________________________________]
☐ The child(ren) have the following medical conditions requiring ongoing care: [________________________________]
☐ Health insurance information (including Apple Health/Medicaid if applicable): [________________________________]
☐ Immunization preferences: [________________________________]
☐ Mental health care instructions: [________________________________]
☐ Other medical instructions: [________________________________]

Section 6.4 — Financial Provisions

☐ Life insurance policy proceeds are designated for the care of the minor child(ren). Policy No.: [________________________________]
☐ Trust funds have been established for the child(ren). Trust Name: [________________________________]
☐ The following assets are designated for child support: [________________________________]
☐ Monthly budget guidance for child care: $[________________________________]

Section 6.5 — Contact with Family Members

☐ The child(ren) shall maintain regular contact with the following family members: [________________________________]
☐ The child(ren) shall NOT have contact with the following individuals: [________________________________]
☐ Visitation schedule with non-custodial parent (if applicable): [________________________________]

Section 6.6 — Extracurricular Activities and Lifestyle

☐ The child(ren) shall continue the following activities: [________________________________]
☐ Dietary restrictions or preferences: [________________________________]
☐ Pet care instructions: [________________________________]
☐ Other specific instructions: [________________________________]

ARTICLE VII — CONDITIONS AND LIMITATIONS

Section 7.1 — Conditions on Guardianship

☐ This Designation applies to all minor child(ren) listed in Article II
☐ This Designation applies only to the following child(ren): [________________________________]
☐ The Guardian shall not relocate the child(ren) outside the State of Washington without court approval
☐ The Guardian shall not relocate the child(ren) outside of [________________________________] County without court approval
☐ Other conditions: [________________________________]

Section 7.2 — Persons Disqualified from Serving as Guardian

I expressly request that the following individual(s) NOT be appointed as guardian of my minor child(ren):

ARTICLE VIII — EFFECTIVE DATE AND DURATION

Section 8.1 — Triggering Events

This Designation shall become effective upon the occurrence of any of the following events (check all that apply):

☐ My death
☐ A judicial determination that I am incapacitated
☐ A determination by a licensed physician that I am no longer able to care for my child(ren)
☐ Other triggering event: [________________________________]

Section 8.2 — Duration

This Designation shall remain in effect until:

☐ The minor child(ren) reach the age of majority (eighteen years of age under Washington law)
☐ A court of competent jurisdiction enters an order modifying or terminating this Designation
☐ I revoke this Designation in writing
☐ The Guardian resigns or is removed by court order
☐ The minor child(ren) are emancipated under RCW Chapter 13.64

ARTICLE IX — REVOCATION OF PRIOR DESIGNATIONS

I hereby revoke all prior designations of guardian for the minor child(ren) named in this instrument, whether made by will, written declaration, or other record. This Designation supersedes any and all prior guardianship designations executed by me.

ARTICLE X — ACCEPTANCE BY DESIGNATED GUARDIAN

Primary Guardian Acceptance:

I, [________________________________], hereby acknowledge that I have read this Designation of Guardian, understand the responsibilities described herein, and accept the nomination as Guardian of the minor child(ren) named above, subject to court appointment as required by Washington law under RCW Chapter 11.130.

Signature: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

First Alternate Guardian Acceptance:

I, [________________________________], hereby acknowledge that I have read this Designation of Guardian, understand the responsibilities described herein, and accept the nomination as Alternate Guardian of the minor child(ren) named above, should the Primary Guardian be unable or unwilling to serve.

Signature: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

ARTICLE XI — DECLARANT SIGNATURE

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct, that I am of sound mind, and that I execute this Designation voluntarily and without duress or undue influence.

Signature of Declarant: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

City and State where signed: [________________________________], Washington

ARTICLE XII — WITNESS ATTESTATION

We, the undersigned witnesses, each being at least eighteen (18) years of age and of sound mind, declare that the Declarant signed this instrument in our presence, or acknowledged to us that the Declarant signed this instrument, and that the Declarant appeared to be of sound mind and not acting under duress.

Witness No. 1:

Witness No. 2:

ARTICLE XIII — NOTARY ACKNOWLEDGMENT

STATE OF WASHINGTON
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ARTICLE XIV — FILING AND RECORDING INSTRUCTIONS

Important Washington Practice Notes:

1. Signed Record: Under RCW § 11.130.185, a parent may nominate a guardian in a "signed record." The term "record" is broadly defined and includes a will, trust, or other signed writing.

2. Court Appointment Required: Washington requires court appointment of a guardian. The court shall appoint the parent's nominee unless it finds the appointment is contrary to the best interest of the minor.

3. Petition for Guardianship: Under RCW § 11.130.645, any person interested in the welfare of a minor may petition for appointment of a guardian. The petition must include specific information about the minor, the proposed guardian, and the reasons guardianship is necessary.

4. Notice Requirements: Under RCW § 11.130.195, notice of the hearing must be served on specific persons, including the minor (if age 12 or older), each parent, any current guardian, and other interested parties.

5. Standby Guardian: Under RCW § 11.130.220, a standby guardian may begin acting upon a triggering event without court order but must petition for formal appointment within a reasonable time.

6. Emergency Guardian: Under RCW § 11.130.225, the court may appoint an emergency guardian if there is an immediate and substantial risk of harm to the minor.

7. Background Check: Washington may require a background investigation for proposed guardians. Consult with an attorney regarding current requirements.

8. Distribution of Copies: Provide copies to:
   - The designated Primary Guardian and Alternate Guardian(s)
   - Your estate planning attorney
   - The Clerk of the Superior Court in your county of residence
   - Any person having care of the minor child(ren)
   - The minor, if twelve (12) years of age or older

9. Indian Child Welfare Act (ICWA): If the minor is a member of or eligible for membership in a federally recognized tribe, ICWA (25 U.S.C. § 1901 et seq.) and Washington's Indian Child Welfare Act (RCW Chapter 13.38) may impose additional requirements.

10. Review and Update: This Designation should be reviewed and updated periodically.

SOURCES AND REFERENCES

• RCW Chapter 11.130 — Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act: https://app.leg.wa.gov/RCW/default.aspx?cite=11.130
• RCW § 11.130.645 — Petition for Guardianship for Minor: https://app.leg.wa.gov/RCW/default.aspx?cite=11.130.645
• RCW § 11.130.220 — Standby Guardian for Minor: https://app.leg.wa.gov/RCW/default.aspx?cite=11.130.220
• Washington Courts — Guardianship Portal: https://www.courts.wa.gov/guardianportal/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a licensed Washington attorney. Laws are subject to change, and the applicability of this template to your specific circumstances should be verified by qualified legal counsel.