Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Filing a Petition:
A person interested in the welfare of a minor, including the minor, may petition for the appointment of a guardian. A petition must state the petitioner's name, principal residence, current street address, relationship to the minor, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following:
* The minor's name, age, principal residence, current street address, and address of the dwelling in which it is proposed the minor will reside if the appointment is made
* The name and current street address of the minor's parents
* The name and address of each person that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least 730 days during the five years immediately before filing the petition
* The name and address of any attorney for the minor and any attorney for the parent(s) of the minor
* The legal basis for the guardianship
* Name and address of any proposed guardian and the reason the proposed guardian should be selected
* A general statement of the minor's property with an estimate of its value
* Whether the minor or the minor's parents needs and interpreter, translator, or other form of support to communicate effectively
* Whether any other proceeding concerning the care or custody of the minor is pending in any court in this state or another jurisdiction
Any person interested in an adult's welfare, including the adult at issue, may petition for appointment of a guardian for the adult. The petition must include the petitioner's name, principal residence, current street address, relationship to the respondent, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following:
(a) The respondent's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted;
(b) The name and address of the respondent's spouse or domestic partner, adult children, and parents, if living
(c) The name and current address of any person or professional currently assisting or representing the respondent
(d) The reason the guardianship is necessary
(e) A general statement of the respondent's property with an estimate of its value.
Notice of Hearing:
The movant must give notice of the date, time, and place of the hearing to the person to be notified unless otherwise ordered by the court for good cause. Notice must be given in compliance with the local superior court's rule of civil procedure at least fourteen days before the hearing. Notice of a hearing must be in at least sixteen-point font, in plain language, and, to the extent feasible, in a language in which the person to be notified is proficient.
Examinations, Evaluations, and Interviews:
In all proceedings for appointment of a guardian or limited guardian, the court must be presented with a written report from a physician licensed to practice under state law, a psychologist licensed under state law, or an advanced registered nurse practitioner licensed under state law, selected by the guardian ad litem. If the alleged incapacitated person opposes the health care professional selected by the guardian ad litem to prepare the medical report, then the guardian ad litem will use the health care professional selected by the alleged incapacitated person. The guardian ad litem may also obtain a supplemental examination. The physician, psychologist, or advanced registered nurse practitioner shall have personally examined and interviewed the alleged incapacitated person within thirty days of preparation of the report to the court and shall have expertise in the type of disorder or incapacity the alleged incapacitated person is believed to have.
Adjudication and Disposition:
In determining the disposition of a petition for guardianship, the court's order shall be based upon findings as to the capacities, condition, and needs of the alleged incapacitated person, and shall not be based solely upon agreements made by the parties. In determining the disposition of a petition for appointment of a guardian or limited guardian of the estate only, the court shall consider whether the alleged incapacitated person is capable of giving informed medical consent or of making other personal decisions and, if not, whether a guardian or limited guardian of the person of the alleged incapacitated person should be appointed for that purpose.
Wash. Rev. Code § 11.130.001 through Wash. Rev. Code § 11.130.180