What is the process for transferring guardianship?
In Washington, the process for transferring guardianship involves going to court. First, the proposed guardian must file a petition with the court to be appointed as a guardian. The court will evaluate the petition and hold a hearing, as well as receive relevant materials. The court will then determine whether the proposed guardian is suitable to assume guardianship. If the court decides that the proposed guardian is suitable, they will issue an “Order of Appointment” giving the proposed guardian the legal authority to assume guardianship. The existing guardian will be given notice of the order and must turn over guardianship to the proposed guardian. In some cases, a parent may transfer guardianship voluntarily and without going to court. This option may be available if both the existing guardian and the proposed guardian agree to the transfer and if it is in the best interest of the child. If this option is pursued, the guardians must complete a Guardianship Transfer document and present it to the court for review and approval. Once the Guardianship Transfer document is accepted by the court, the existing guardian will provide notice of the transfer to all necessary parties. The proposed guardian will then assume guardianship upon acceptance of the transfer.
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