What Does a Guardian Do in Washington?

A guardian is a court-appointed fiduciary who makes certain personal-care decisions for another person. This role can be essential for a minor child whose parents cannot serve and for an adult with disabilities who needs decision-making support. It is a serious responsibility—not simply a title—and the guardian’s authority is limited by the court’s order and Washington law.

Important distinction: A guardianship for a child ordinarily ends at age 18. A child with special needs does not automatically remain under a guardian’s authority after turning 18. If adult guardianship is appropriate, the court must appoint a guardian under the adult-guardianship process and must use the least restrictive arrangement that meets the adult’s needs.

Guardian of a Minor Child

A guardian of a minor generally takes on the day-to-day responsibilities of a parent, unless the court has limited those responsibilities. The guardian must act in the child’s best interests and with reasonable care, diligence, and prudence.

Core responsibilities

• Provide care and a safe home. Arrange for the child’s support, care, education, health care, safety, and overall welfare.

• Know the child well. Maintain enough personal contact to understand the child’s abilities, needs, opportunities, and physical and mental health.

• Make practical decisions. Address school, medical, therapeutic, and daily-living needs consistent with the authority granted in the court order.

• Respect the child’s voice. Consider the child’s preferences when they are known or can reasonably be determined.

• Safeguard property and funds. Take reasonable care of the child’s personal effects; use funds received for current needs and preserve unspent funds for future needs. If the child has significant assets, a separate conservatorship or protective arrangement may be needed.

• Keep the court informed. Notify the court of a change in the child’s residence or address. The court may also require a report on the child’s condition and an accounting of property or funds the guardian controls.

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When a Child With Special Needs Turns 18

At age 18, a person is legally an adult. A disability diagnosis alone does not decide whether a guardianship is needed. Washington requires the court to consider less restrictive alternatives—such as supportive services, technology, supported decision-making, or a protective arrangement—before imposing adult guardianship. A limited guardianship must identify the particular powers granted; a full guardianship requires findings that a limited guardianship will not meet the adult’s functional needs.

The adult guardian’s guiding duties

An adult guardian owes the highest duty of good faith and care. The guardian must promote the adult’s self-determination, involve the adult in decisions as reasonably feasible, identify and honor the adult’s known values and preferences, and encourage the adult to handle decisions independently when possible. The guardian should make the decision the adult would make if able; only when that cannot be determined, or would cause unreasonable harm, does the guardian use a best-interests standard.

In practical terms, the guardian should:

• visit and maintain meaningful contact with the adult;

• arrange, coordinate, and monitor appropriate housing, health care, services, supports, education, and activities within the court-approved authority;

• monitor the quality of services, including long-term care;

• protect personal effects, pets, and funds under the guardian’s control; and

• work to preserve important relationships and maximize the adult’s independence.

  
  

Key Limits and Ongoing Court Duties

A guardian should read the appointment order carefully. The order—not a general assumption about disability—defines the guardian’s authority. For example, an adult guardian may generally make decisions about residence and health care only as the order permits and must use the decision-making standards established by law. Some major actions require additional court authority or advance notice.

An adult guardian must also complete important court-related tasks:

• Provide rights information. Within 14 days after appointment, give the adult and required notice parties the appointment order and a plain-language statement of the adult’s rights, including the right to seek modification or termination of the guardianship.

• File a care plan. Within 90 days after appointment, file a plan addressing living arrangements, services, supports, relationships, visits, goals, and anticipated fees.

• Report to the court. File reports by the deadline set in the appointment order. These reports address the adult’s condition, living arrangements, services, visits, decisions, participation, future plans, and whether the guardianship should continue or change. The court may set annual, biennial, or triennial reporting intervals.

• Give required notices. Notify the court and other required persons of substantial changes in condition or residence, and provide prompt notice of certain hospitalizations, moves, or death.

  
  

The Bottom Line

Serving as guardian means being an informed, dependable advocate while respecting the person’s dignity, preferences, relationships, and remaining decision-making rights. It is wise to keep organized records of visits, care decisions, services, expenses, funds handled, and communications with providers. The guardian should seek legal guidance whenever the court order is unclear, a major decision is needed, or the person’s circumstances materially change.

This article provides general Washington information and is not legal advice for a particular family or guardianship.

If you have questions or would like to review your estate plan, contact DLO Law Group at 425-440-3494 or office@dlolawgroup.com to get started.