What are the legal requirements for guardianship?

In Washington, the legal requirements for guardianship are outlined in the Revised Code of Washington (RCW). Generally, guardianship is a legal relationship established to provide protection, care, and decision-making authority to an incapacitated adult, often referred to as a “ward.” Guardianship is usually requested by family members or authorized representatives when the ward is unable to care for his or her own needs. In Washington, guardianship of an adult is established through the court system. To begin the guardianship process, the person, or “guardian,” requesting the guardianship, often the ward’s family or representative, must file a petition with the court describing the guardianship situation. Once the petition is filed, the court will authorize a background check of the guardian to ensure that the guardian is acting in the best interests of the ward. The court must also determine that the ward is legally incapacitated and in need of a guardian for health and safety reasons. The court must also determine whether any alternatives to guardianship exist, such as a power of attorney or voluntary guardianship. Finally, the guardian must be qualified to serve as guardian. In Washington, this involves a background check and approval by the court. Once these qualifications are met, the court can appoint a guardian and the guardianship process is complete.

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What are the legal requirements for guardianship?

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