Guardianship vs. Conservatorship in Washington State

Imagine an adult daughter in Bellingham who begins noticing troubling patterns with her father. 

His utilities have been shut off twice because he forgot to pay the bills, despite having enough money in the bank. He has fallen for multiple phone scams and wired funds to strangers. At the same time, he refuses medical treatment for a serious heart condition because he does not understand the risks. His refrigerator is empty, medications are scattered and missed, and he insists he is managing fine. 

When someone can no longer make safe decisions about their health, housing, or finances, and informal help is not enough, it may be time to consider whether guardianship or conservatorship is necessary to protect them from harm.

This article explains what each role means, when it may be appropriate, how the court process works, and what alternatives families should consider first. This is general information and not legal advice. For guidance specific to your situation, consult a qualified Washington attorney.

What Guardianship Means in Washington

In Washington, a guardian is appointed by the Superior Court to make personal and health care decisions for an adult who cannot make or communicate responsible decisions about their personal needs.

Personal decision-making authority may include:

• Determining appropriate housing such as assisted living, adult family home, or skilled nursing
• Consenting to or refusing medical treatment within court-authorized limits
• Managing care plans and daily services
• Making decisions related to personal welfare and safety

Guardianship in Washington is designed to be limited whenever possible. Courts are required to grant only the powers necessary to protect the individual while preserving as many rights as possible.

A guardian does not automatically control finances. Financial authority requires a separate conservatorship unless the same person is appointed to both roles.

What Conservatorship Means in Washington

A conservator is appointed by the court to manage the financial affairs of someone who cannot manage their property or financial matters effectively due to incapacity, risk of exploitation, or inability to manage assets safely.

A conservator’s duties may include:

• Paying bills and managing routine expenses
• Handling bank accounts and investments
• Managing retirement accounts and other income sources
• Filing and paying taxes
• Protecting assets from waste, fraud, or financial abuse

Conservators have fiduciary duties, meaning they must act in the protected person’s best interest and maintain detailed financial records. Court oversight and reporting are required.

In some cases, one individual serves as both guardian and conservator. In others, the court appoints different individuals depending on the circumstances.

Why the Distinction Matters

The difference between guardianship and conservatorship affects:

• The scope of legal authority granted
• The responsibilities owed to the court
• The reporting and accounting requirements
• The rights retained by the protected person

Some individuals need help only with medical and personal decisions. Others need financial oversight but can manage daily life decisions. Some require both forms of protection.

Washington courts must tailor each order to the least restrictive option necessary. Full guardianships are less common than limited guardianships under current law.

When Guardianship or Conservatorship Is Used

These court processes are generally considered when less restrictive tools are unavailable or insufficient and there is a risk of substantial harm.

Common situations include:

• Significant cognitive decline due to dementia or brain injury

• Serious mental illness affecting decision-making ability

• Evidence of financial exploitation or unpaid essential expenses

• Absences of valid planning documents

• Existing powers of attorney that are ineffective or being abused

Family disagreement alone is not enough. The court must find that the person lacks capacity in specific areas and that court intervention is necessary.

How the Court Process Works in Washington

Although procedures vary slightly by county, most cases follow these steps.

1. Filing a Petition

A petition is filed in the Superior Court of the county where the individual resides. The petitioner must explain why appointment of a guardian or conservator is necessary and what powers are requested.

2. Notice to the Individual and Interested Parties

The person alleged to lack capacity must receive formal notice and copies of the petition. Close family members and other interested parties are also notified.

3. Court Visitor Investigation

The court appoints a Court Visitor to investigate. The visitor interviews the individual, reviews medical information, consults with family members, and submits a written report with recommendations.

The court often appoints an attorney to represent the individual. Medical or psychological evaluations may also be ordered.

4. Court Hearing

At the hearing, the judge reviews the evidence and determines whether legal standards are met. If so, the court may appoint:

• A guardian
• A conservator
• Both
• A limited protective arrangement instead

5. Issuance of Letters

If appointed, the court issues Letters of Guardianship or Letters of Conservatorship. These documents confirm legal authority and are required when working with financial institutions or care providers.

6. Ongoing Court Oversight

Guardians and conservators must file regular reports and, in financial cases, detailed accountings. Major decisions may require prior court approval. Interested parties may request review if concerns arise.

Power and Limitations

Guardians generally have authority over housing, health care, and personal welfare decisions within the scope defined by the court.

Conservators manage finances, property, and financial transactions.

Neither role grants unlimited authority. Washington law requires the court to preserve individual rights whenever possible and to use the least restrictive alternative that still protects the person.

Alternatives to Guardianship and Conservatorship

Before filing in court, families should explore less restrictive options.

Durable Power of Attorney

A properly drafted Durable Power of Attorney allows a chosen agent to manage finances, health care decisions, or both without court involvement, provided the document is executed while the individual still has capacity.

Advance Health Care Directive

This document allows a person to outline medical wishes and designate a decision-maker if they become unable to communicate.

Trust Planning

A trust can allow a trustee to manage assets according to specific instructions, reducing the need for conservatorship.

Supported Decision-Making Agreements

Washington law recognizes supported decision-making agreements that allow individuals to retain rights while receiving structured assistance.

When planning documents are created early and updated regularly, guardianship and conservatorship can often be avoided.

Common Misunderstandings

“Guardians take away all rights.“

Washington courts are directed to grant only necessary powers. Many Guardianships are limited.

“Once appointed, the guardian or conservatorship has complete“

Authority is limited by the court order and subject to ongoing oversight.

“Only family members can serve.“

Court may appoint professional guardians, non-profit agencies, or certified professional guardians if no suitable family members is available.

Practical Considerations for Washington Families

If you are concerned about a loved one’s safety or financial wellbeing:

• Begin documenting specific concerns
• Review existing planning documents
• Explore less restrictive tools first
• Consult an attorney experienced in Washington guardianship and conservatorship law
• Communicate openly with family members to reduce conflict

Guardianship and conservatorship are important legal tools designed to protect vulnerable adults. One focuses on personal decision-making. The other focuses on financial protection. Understanding the difference and the court’s emphasis on limited authority can help families make informed decisions.

This article provides general information about Washington law and is not legal advice. For guidance specific to your situation, especially in Whatcom County, consult a qualified Washington attorney.