Guardianship Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Washington requires the use of official court forms for guardianship petitions (e.g.,
GDN M 102 for minor guardianship, GDN E 301 for emergency adult guardianship).
This template provides the substantive legal content to help you prepare — but you must
transfer your content to the official form before filing. The official forms are available at
https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=133. Do not file this document directly with the court.

PETITION FOR APPOINTMENT OF [LIMITED/FULL] GUARDIAN

(Washington – Revised Code of Washington Title 11 Guardianships & Protective Arrangements Act)

TABLE OF CONTENTS

1. Document Header – Caption & Recitals
2. Definitions
3. Operative Provisions
4. Representations & Warranties of Petitioner
5. Covenants & Restrictions Applicable to Proposed Guardian
6. Default & Remedies (Removal / Sanctions)
7. Risk Allocation (Bond, Fiduciary Duties, Indemnification)
8. Dispute Resolution & Forum Selection
9. General Provisions
10. Execution Block & Verification

1. DOCUMENT HEADER

SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF [COUNTY NAME]

In the Matter of the Guardianship of               )
                                                   )   NO. _________
[MINOR/ADULT FULL LEGAL NAME],                     )
                                                   )   PETITION FOR APPOINTMENT OF
                    Respondent.                    )   [LIMITED / FULL] GUARDIAN

A. Recitals

1. Petitioner [PETITIONER NAME] (“Petitioner”) respectfully petitions this Court pursuant to Title 11 of the Revised Code of Washington and applicable local probate rules for appointment of a [limited/full] guardian for [MINOR/ADULT NAME] (the “Respondent”).
2. The Court has jurisdiction under RCW 11.130 and venue is proper in [COUNTY] County because the Respondent resides in, or is otherwise present in, this county.
3. An immediate guardianship is necessary to promote and protect the Respondent’s welfare and financial interests.

Effective Date: Upon entry of the Court’s Order; Governing Law: Laws of the State of Washington.

2. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below and apply equally to singular and plural forms:

1. “Act” means the Washington Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, Title 11 RCW, as amended.
2. “Bond” means the surety bond required by RCW 11.130 for guardian fidelity, in the penal sum ordered by the Court.
3. “Court” means the Superior Court of the State of Washington for [COUNTY] County, Probate & Guardianship Division.
4. “Guardian” means the person appointed by the Court to exercise the powers granted in the Letters of Guardianship.
5. “Guardianship Standards” means the mandatory fiduciary duties, care standards, and decision-making principles set forth in RCW 11.130 and in Washington State Superior Court Guardianship Training requirements.
6. “Initial Personal Plan” and “Annual Report” mean the reports a guardian must file under RCW 11.130.

3. OPERATIVE PROVISIONS

3.1 Relief Requested
a. Appointment of [NAME] as [limited/full] Guardian of the Person of the Respondent.
b. [If applicable] Appointment of [NAME] as [limited/full] Conservator of the Estate of the Respondent.
c. Issuance of Letters of Guardianship and/or Letters of Conservatorship specifying the appointed fiduciary’s powers and any limitations.

c. Fixing of Bond in the amount of $[AMOUNT] unless waived for good cause.
d. Authorization for the Guardian to open and maintain blocked accounts as required.
e. Such other and further relief as the Court deems just and equitable.

3.2 Powers Sought

a. Guardian of the Person Powers – determine residential placement, consent to medical treatment, educational decisions, etc.
b. Conservator of the Estate Powers (if applicable) – access to, management of, and investment of assets; receipt of income; payment of obligations.
c. Protective Orders – authority to institute or defend legal actions and obtain restraining or protective orders for Respondent’s benefit.

3.3 Conditions Precedent
Petitioner has (i) completed the guardianship training certificate, (ii) submitted proposed Notice of Hearing to all required persons, (iii) arranged for appointment of a Court Visitor/Guardian ad Litem, and (iv) complied with mandatory filing fees and background-check requirements.

4. REPRESENTATIONS & WARRANTIES OF PETITIONER

4.1 Qualification. Petitioner is at least 18 years of age, of sound mind, has no felony or gross-misdemeanor convictions involving moral turpitude, and is otherwise qualified under RCW 11.130.

4.2 Best Interests. The requested guardianship is the least restrictive means necessary to protect the Respondent and is consistent with the Respondent’s known wishes and values.

4.3 Conflicts. Petitioner discloses any potential conflicts of interest in Schedule 1 attached hereto.

4.4 Completeness & Accuracy. All statements in this Petition and any accompanying schedules are true and complete to the best of Petitioner’s knowledge, information, and belief.

5. COVENANTS & RESTRICTIONS APPLICABLE TO PROPOSED GUARDIAN

The Proposed Guardian, upon appointment, shall:

a. Strictly comply with all Guardianship Standards and reporting requirements under the Act;
b. File an Initial Personal Plan within 90 days of appointment and file Annual Reports thereafter;
c. Safeguard property and maintain accurate accounting records, subject to Court audit;
d. Provide timely notice to interested parties of all material changes in the Respondent’s condition or residence;
e. Seek specific Court approval for any actions outside the scope of powers granted.

6. DEFAULT & REMEDIES

6.1 Events of Default
The following constitute defaults:
i. Failure to file required reports or accountings;
ii. Mismanagement, self-dealing, or breach of fiduciary duty;
iii. Material misrepresentation to the Court;
iv. Failure to maintain Bond.

6.2 Remedies
Upon default, the Court may:
a. Remove or suspend the Guardian;
b. Surcharge the Guardian personally for losses;
c. Invoke the Bond for restitution;
d. Issue contempt citations or protective injunctions;
e. Award reasonable attorney fees and costs to the prevailing party.

7. RISK ALLOCATION

7.1 Bond Requirement
Petitioner requests the Court set Bond at $[AMOUNT] pursuant to RCW 11.130, conditioned on faithful discharge of duties; premiums are an administrative expense of the estate.

7.2 Fiduciary Indemnification
The Guardian shall be liable, together with sureties, for all damages resulting from breach of fiduciary duty; no limitation of liability shall impair statutory remedies.

7.3 Insurance
Guardian shall maintain [general liability / professional fiduciary] insurance with limits of not less than $[LIMIT] per occurrence, naming the estate as an additional insured.

8. DISPUTE RESOLUTION & FORUM SELECTION

8.1 Governing Law
This proceeding shall be governed exclusively by the laws of the State of Washington, without regard to conflict-of-law principles.

8.2 Forum Selection
All petitions, motions, and related proceedings shall be heard in the Probate & Guardianship Department of the Superior Court of [COUNTY] County, Washington.

8.3 Jury Waiver
Pursuant to RCW 11.130 and Washington court practice in probate matters, no jury trial is available or requested.

8.4 Injunctive Relief
The Court retains authority to issue temporary restraining orders, preliminary injunctions, or other protective orders deemed necessary to safeguard the Respondent.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver
Any amendment to this Petition prior to entry of an Order must be in writing, filed with the Court, and served on all interested parties.

9.2 Severability
If any provision of this Petition is determined invalid, the remaining provisions shall continue in full force to the maximum extent permissible.

9.3 Integration
This Petition, together with all schedules, declarations, and proposed orders, constitutes the entire submission of Petitioner regarding guardianship at this stage of the proceedings.

9.4 Electronic Signatures
The Court and parties may accept electronic signatures and electronically filed documents consistent with GR 30 and local e-filing rules.

10. EXECUTION BLOCK & VERIFICATION

DATED: ______________________, 20___

_____________________________________
[PETITIONER NAME], Petitioner

_____________________________________
[ATTORNEY NAME], WSBA No. _______
Attorney for Petitioner
[Law Firm]
[Address]
[Phone] | [Email]

Verification

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

Signed at ____________________, Washington, on _____________, 20___.

_____________________________________
[PETITIONER NAME]