What is the right to a guardianship or conservatorship?

A guardianship or conservatorship is a legal arrangement where an individual (the “guardian” or “conservator”) is appointed to make decisions on behalf of another individual (the “ward” or “protected person”) who is unable to make decisions for themselves due to a mental disability. In Washington State, the right to a guardianship or conservatorship is recognized and codified in state law. In order to determine if a guardianship or conservatorship is necessary, an individual must be evaluated regarding their ability to make decisions. This evaluation can be done by a court-appointed evaluator or another mental health professional. During the evaluation, certain criteria are considered including the individual’s age, the kind and degree of disability, and the kind of help needed. If appointed, the guardian or conservator is responsible for making decisions about the ward’s safety, health, legal matters and money. The guardian or conservator also helps the ward by advocating for them and representing their best interests. A guardianship or conservatorship is intended to be a last resort and should only be considered when all other options have been exhausted. It should also be noted that guardianship and conservatorship are legally binding and therefore should be entered into with the care and consideration of both the ward and their guardian or conservator.

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What is the right to a guardianship or conservatorship?

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