About Conservatorships and Guardianships

A conservator or guardian is appointed by the Superior Court of Washington to manage the financial affairs or care, respectively, of an elderly or disabled person who has lost the ability to do so for him/herself. See RCW 11.130.010 for specific language.

The process of appointing a conservator or guardian over a person involves at least the following:

1. A petition filed with the Court to request that a conservator/guardian be appointed. Once this petition is filed, the person becomes referred to as the “Respondent.”

2. Appointment of a Court Visitor to investigate for the Court, and report back to the Court, whether or not it is necessary for the person to have a conservator/guardian. The Court Visitor is a short-term role that normally ends once the conservator/guardian is appointed or the conservatorship/guardianship petition is dismissed.

3. A medical report obtained by the Court Visitor, resulting from a physician or psychologist’s evaluation of the Respondent.

4. A Court hearing, which the Respondent is entitled to attend, in which the Court Visitor presents his/her report to the Court, and the person is either found not incapacitated and therefore not in need of a conservator/guardian, or is adjudicated to be incapacitated and a conservator and/or guardian is appointed.

If the Respondent demonstrates the capacity to manage some of his/her affairs or care needs, a limited conservatorship/guardianship can be established in which the conservator/guardian takes responsibility for only those areas that the Respondent is no longer able to manage.

The system is supposed to, at all times, uphold and advocate for the least restrictive alternative possible in protecting the alleged incapacitated person.