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In Washington family law, guardianship is a court-supervised process where a guardian is appointed to manage the personal and/or financial affairs of a minor or an incapacitated adult. The guardian acts as a legal decision-maker when the individual cannot care for themselves.
Guardianship is a significant responsibility, as it transfers the individual’s rights to the guardian and involves the legal duty to act in the ward’s best interest. If you have questions about seeking guardianship for someone you love, a Kent guardianship lawyer from Lutz & Associates, P.S. can provide tailored advice and help you understand your best legal options.
Our family law attorneys can assist with petitions for relatives, such as grandparents, to seek guardianship for a child or help pursue adult guardianship when someone lacks the capacity to care for themselves. Established in 1997, our legal team has decades of combined experience and focuses exclusively on family law to pursue the most favorable outcomes for our clients.
Minor guardianship is a court process that grants a non-parent legal authority to care for and make decisions for a child under 18. A court-appointed guardian has the same duties as a parent, including providing for the child’s support, education, health, and welfare. The guardian typically has physical custody of the child, but they may choose to let the child live elsewhere if appropriate.
Unlike adoption, guardianship does not automatically terminate parental rights. Courts typically seek to preserve a parent’s right to contact and visit their child unless it is proven harmful. Parents may still have visitation rights and are often required to pay child support to the guardian. Even with a guardian in place, a court may allow parents to keep certain decision-making powers, such as regarding major medical or religious choices.
A regular guardianship is intended to last until the child turns 18, or 19 if they are still enrolled in high school. An emergency guardianship may be used when a child faces an immediate risk of harm. These orders last up to 60 days and can be extended once for an additional 60 days.
A standby guardianship is when a parent names a guardian in advance to step in only if the parent becomes unable to care for the child later (e.g., due to illness). A Kent guardianship attorney can evaluate your specific situation to provide a realistic picture of possible outcomes for your case and family and help you protect the child you are concerned about.
Parents can petition the court to end guardianship at any time by proving they have corrected any issues (like addiction or instability) that led to the guardianship. They can also ask the court to change the terms of the guardianship, such as increasing visitation time or appointing a new guardian.
A guardian must be at least 21 years old (unless they are the child’s parent) and must not have certain criminal convictions involving neglect or dishonesty. Children age 12 or older have the right to request an attorney, must be personally served with papers, and their preferences are considered by the court.
Whether for a child or an adult, the guardianship process involves filing several official forms and going through a lengthy process of checks and balances. Here is what to expect depending on who you are seeking guardianship for.
Guardianship for a minor starts with a petition to explain why guardianship is needed and a summons to notify the parents. The proposed guardian must initiate background checks for every adult (16+) living in their home and file a motion for the court to review Child Protective Services (CPS) records. These checks are crucial for the court to determine if the proposed guardian and their household are suitable and safe for the vulnerable person (child or adult).
Non-professional (lay) guardians must complete a mandatory, free online training provided by the Administrative Office of the Courts to understand their responsibilities before the guardianship becomes final. About two months after filing, you will attend a status hearing where a judge checks that all background checks and notifications are finished.
If the judge agrees it is in the child’s best interest, they will sign the final order. You will then receive Letters of Guardianship, which act as your ID card to show doctors and schools that you have legal authority.
In Washington, adult guardianship is governed by the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), which aims to protect individuals while preserving as much independence as possible. The process begins when a concerned person files a petition in Superior Court alleging that an adult is unable to manage their personal, medical, or financial affairs due to incapacity.
The court then appoints a guardian ad litem to investigate the situation, interview the respondent (the adult at issue), and report back with recommendations. The adult has the right to an attorney, attend hearings, and object to the guardianship. If the court finds by clear, cogent, and convincing evidence that the individual needs assistance and that less restrictive alternatives, like powers of attorney or supported decision-making, are insufficient, it may appoint a guardian (for personal decisions), a conservator (for financial matters), or both.
Guardians and conservators must file regular reports to the court, follow strict fiduciary duties, and act in the best interest of the protected person, with ongoing court oversight to ensure protection of the individual’s rights and well-being.
Our Kent attorneys can help with the multi-phase legal process of applying for guardianship over a child when the parents cannot provide care, or an adult who cannot make sound decisions of their own. Our firm has a tenured team of staff and attorneys dedicated to building long-term client relationships, and we will walk alongside you at each step of your case.
A Kent guardianship lawyer can advise on all paths and alternatives to formal guardianship to ensure all options are considered to protect a loved one’s best interests. The legal team at Lutz & Associates has significant experience with various family law matters, including minor and adult guardianships, domestic violence protection orders, and child custody issues. We can manage complex cases, from emergency guardianships to long-term care planning. If you are seeking guardianship, please contact us today to request your confidential case consultation and speak with our dedicated team.