A guardianship is the legal process in which a court appoints a guardian to make decisions for a person because that person is unable to make decisions due to mental or physical incapacity. A conservatorship in Washington is the legal process in which a court appoints a conservator to make financial decisions for a person because that person is unable to make these decisions for him or herself. The person filing for a guardianship or conservatorship is called the petitioner. The person who is the subject of the guardianship proceeding is called the respondent. In Washington, a guardian can be appointed as a full or limited guardian.
In order to establish a guardianship in Washington, a petition must be filed with the court. The court is required to consider less restrictive alternatives to guardianships and conservatorships. Adults are presumed to have capacity. A court visitor is appointed by the court to investigate whether the respondent is incapacitated and make a recommendation to the court on who should be the guardian/conservator. A hearing is required to appoint a guardian and/or conservator. Once the guardian and/or conservator is appointed by the court, plans and reports must be filed in the case.
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