Guardianship in Washington
State-specific overview · Estate & Probate
Washington presumes all adults have capacity unless proven otherwise and favors alternatives like supported decision-making.
How Washington treats Guardianship
Washington law, codified in Chapter 11.130 RCW, establishes a strong presumption of capacity and requires clear and convincing evidence to overcome it. The state actively encourages less restrictive alternatives such as supported decision-making agreements, powers of attorney, and limited guardianships before appointing a full guardian. Washington courts must consider the person's preferences and values when determining what arrangement serves their best interests. The state also requires regular court review of guardianships to ensure they remain necessary.
The general definition of Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Read the full Guardianship entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Washington.