Can a guardianship be created without going to court?

In Washington, guardianship can be created without going to court in certain circumstances. Guardianship is a legal relationship between an adult guardian and a minor or a person who cannot care for themselves due to physical or mental incapacity. Unless a court appoints a guardian, an adult can act as the guardian of a minor if the minor’s parents or guardians consent in writing. If the minor’s parents or guardians cannot be located or they refuse to give their consent, then a guardian must be appointed by a court. Guardianship of a person who cannot care for themselves due to physical or mental incapacity can also be established without going to court. In this case, the adult who will become the guardian is required to have written consent of the incapacitated person or their legally appointed representative. The consent must be acknowledged before a notary public. If the incapacitated person or their representative cannot be found, then a guardianship must be established by a court. In both cases, the adult must then complete and submit the necessary forms and paperwork to court to get approval for the guardianship. If a court does not approve the guardianship, then it will not be legally valid and the guardian will not have the right to make decisions on behalf of the minor or person who cannot care for themselves.

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Can a guardianship be created without going to court?

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