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Eight specialist agents over a 16-book verified WA law corpus (RAG with citations), per-user document vault, WA court-form PDF auto-fill, comms missions with DV safety guard, no-KYC auth, TTS. Self-hosted: Flask + SQLite + Ollama, stdlib-only RAG. Includes README, LICENSE (MIT + not-legal-advice notice), DEPLOY runbook, .gitignore.
104 lines
16 KiB
Markdown
104 lines
16 KiB
Markdown
For educational purposes only — not legal advice.
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# Guardianship in Washington State: A Plain-English Guide to Chapter 11.130 RCW
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## What This Book Covers
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This book explains Washington's guardianship law, chapter 11.130 RCW — titled the "uniform guardianship, conservatorship, and other protective arrangements act" (RCW 11.130.005). It covers minor guardianship in depth, compares it with parenting plans, and closes with adult-guardianship basics. The minor-guardianship provisions took effect January 1, 2021 (RCW 11.130.915(2)); the act's overall effective date for adult guardianships and conservatorships is January 1, 2022 (RCW 11.130.915), and the chapter applies to proceedings begun after that date and to guardianships already in existence (RCW 11.130.910).
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## Part 1 — Minor Guardianship
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### What Minor Guardianship Is
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A "guardian" is a person appointed by a court to make decisions about another person's personal affairs; a "minor" is an unemancipated person under eighteen (RCW 11.130.010(11), (20)). A person becomes a guardian for a minor only by court appointment — Washington has no guardianship created merely by private agreement (RCW 11.130.185(1)). The court issues "letters of office" certifying the guardian's authority; for a minor guardianship, the letters expire on the minor's eighteenth birthday (RCW 11.130.010(16); RCW 11.130.215(7)).
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### The 2020–2021 Change: Nonparental Custody Became Minor Guardianship
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Before January 1, 2021, a nonparent seeking custody of someone else's child filed a "nonparental custody" case under chapter 26.10 RCW. That chapter was repealed effective January 1, 2021 (2020 c 312 § 905, per the official disposition history of chapter 26.10 RCW). Today a nonparent obtains custody and decision-making authority through a minor guardianship; pre-repeal chapter 26.10 RCW orders remain valid, but modifications must follow chapter 11.130 RCW (RCW 11.130.245(1), (2)).
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### Grounds: When a Court May Appoint a Guardian for a Minor
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A court may appoint a guardian for a minor who does not already have one only if the appointment is in the minor's best interest and at least one of three grounds exists (RCW 11.130.185(2)):
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- Each parent, after being fully informed of the nature and consequences of guardianship, consents (RCW 11.130.185(2)(a)).
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- All parental rights have been terminated (RCW 11.130.185(2)(b)).
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- There is clear and convincing evidence that no parent is willing or able to exercise "parenting functions" as defined in RCW 26.09.004 (RCW 11.130.185(2)(c)) — maintaining a loving, stable relationship; attending to daily needs such as feeding, clothing, supervision, and health care; attending to education; and exercising appropriate judgment (RCW 26.09.004(2)). The test is the parents' willingness and ability to care for the child — not which home is "better."
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### Who May Petition and Where
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"A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor" (RCW 11.130.190(1)); the petitioner need not be the person seeking to become guardian. The petition must state the petitioner's name, address, and relationship to the minor, and, so far as known: the minor's and parents' names and addresses; anyone with primary care or custody of the minor for at least sixty days in the last two years or seven hundred thirty days in the last five years; the legal basis, with the factual reasons in a separate declaration; the proposed guardian and why; the minor's property; interpreter needs; and any other pending proceeding about the child (RCW 11.130.190(2)). Venue is the county where the minor resides or is present, or where another custody or parental-rights proceeding is pending (RCW 11.130.030(1)).
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### Who May Serve as Guardian
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Any suitable person over age 21 — or a parent under 21 — may be appointed if not disqualified (RCW 11.130.090(1)). Disqualifiers include being under 18 (with exceptions); certain criminal convictions, though the court may still find a relative qualified after considering the facts; being a nonresident without a resident agent for service; being a corporation not authorized to act as fiduciary; or being found unsuitable by the court (RCW 11.130.090(1)(a)–(e)). Lay guardians must complete the free training video or webcast from the Administrative Office of the Courts (deferred up to 90 days in expedited cases) unless waived (RCW 11.130.090(2)). Before a final order, the court must obtain child-welfare records and state and national criminal-history checks for every proposed guardian and adult household member (RCW 11.130.210).
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### Notice, Hearing, and the Child's Voice
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The petitioner must personally serve the petition and notice on the minor (if 12 or older), each parent (or the nearest adult kin if there is none), any existing guardian or nonparental custodian under former chapter 26.10 RCW, and anyone else the court directs (RCW 11.130.195(1)(a)). Mail notice goes to a broader list including grandparents, adult siblings, prior caregivers, and any nominee of a parent or of the minor (RCW 11.130.195(1)(b)). The court may not grant the guardianship if the minor (12+) or the parents were not served, unless it finds by clear and convincing evidence that a parent cannot be located with due diligence or waived notice in a record (RCW 11.130.195(3)). When a parent cannot be served, or an unrepresented minor 12 or older is involved, the court appoints a court visitor to interview the parties and report (RCW 11.130.195(4)).
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A minor 12 or older may request an attorney, whom the court may also appoint on a guardian ad litem's recommendation or its own motion; the attorney advocates the minor's wishes, or legal rights if the wishes are not reasonably ascertainable (RCW 11.130.200(1)–(2)). An indigent parent who objects is entitled to appointed counsel (RCW 11.130.200(5)–(6)). The minor may attend and participate in the hearing unless the court finds the minor cannot participate meaningfully or attendance would be harmful (RCW 11.130.205(1)).
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### Whom the Court Appoints First
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The court must appoint a person a parent nominated in a probated will or other sworn record (which may include a power of attorney) unless that is contrary to the minor's best interest; if parents nominate different people, the court chooses by best interest; otherwise it appoints the minor's own nominee, if the minor is 12 or older, unless contrary to the minor's best interest (RCW 11.130.215(2)). The court may create a "limited guardianship" granting fewer than all available powers (RCW 11.130.215(3)). The order must preserve the parent-child relationship through visitation unless restricted under RCW 26.09.191 or 26.09.192, and must state the rights each parent retains (RCW 11.130.215(4)). Each parent is entitled to notice if the guardian delegates custody, or if the court modifies, limits, or removes the guardian (RCW 11.130.215(5)).
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### Emergency and Standby Guardians
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The court may appoint an emergency guardian if that is likely to prevent substantial harm to the minor's health, safety, or welfare and no other person has the authority, ability, and willingness to act (RCW 11.130.225(1)). The appointment lasts at most 60 days, extendable once for up to 60 more (RCW 11.130.225(2)). Without notice, appointment is allowed only if the minor would be substantially harmed before a noticed hearing; notice must follow within 48 hours and a hearing within 5 days (RCW 11.130.225(4)). An emergency appointment is not a finding that grounds for a full guardianship exist (RCW 11.130.225(5)). Separately, a parent may nominate a "standby guardian," appointed on a finding that within two years no parent likely will be able or willing to perform parenting functions (RCW 11.130.220(2)–(3)); the standby guardian acts only when no parent is willing or able (RCW 11.130.220(1)).
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### Guardian Duties for a Minor
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A guardian for a minor is a fiduciary and, except as limited by the court, "has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare" (RCW 11.130.230(1)). The guardian must act in the minor's best interest with reasonable care, diligence, and prudence; stay personally acquainted with the minor; use the minor's funds for current needs and conserve the rest; report and account if the court orders; inform the court of any change of dwelling; and consider the minor's preferences (RCW 11.130.230(1)–(2)). Unlike adult guardianships, minor guardianship has no automatic periodic reporting — a report is required only if the court orders one (RCW 11.130.230(2)(e)).
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### Guardian Powers for a Minor
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Except as limited by court order, a guardian has the powers a parent would have regarding the minor's support, care, education, health, safety, and welfare (RCW 11.130.235(1)): applying for benefits payable for the minor's support; taking custody and establishing the minor's dwelling within Washington (out-of-state moves require the relocation process of RCW 26.09.405 through 26.09.560 and court authorization); compelling child support; consenting to health care; and delegating age-appropriate responsibility to the minor (RCW 11.130.235(2)). Only if the minor has no parent may the court authorize the guardian to consent to adoption (RCW 11.130.235(3)). The court may also order parents to pay child support under chapter 26.19 RCW (RCW 11.130.255) and to maintain available employer-based health insurance under the conditions in RCW 11.130.260.
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### An Alternative Short of Guardianship: Parental Delegation
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A parent may delegate care, custody, or property powers over a minor by power of attorney for up to 24 months — except the power to consent to marriage or adoption (RCW 11.130.145) — allowing a temporary caregiver without a guardianship case.
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### Court Oversight and Ending a Minor Guardianship
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A minor guardianship terminates on the minor's death, adoption, emancipation, or attainment of majority, or when the court finds the basis for appointment no longer exists — unless termination would harm the minor and the minor's interest in continuing outweighs the parent's interest in restoring decision-making rights (RCW 11.130.240(1)). The minor, a parent, or any interested person may petition to terminate or modify the guardianship or remove the guardian (RCW 11.130.240(2)); the court may issue transitional orders when a guardianship ends (RCW 11.130.240(6)).
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Anyone subject to a guardianship — or any person interested in the individual's welfare — who reasonably believes a guardian is breaching fiduciary duty may file a grievance with the court; the court must review it and may investigate, order reports, appoint a court visitor, or hold a hearing (RCW 11.130.140). Every guardianship petition must state whether the child is or may be an "Indian child" as defined in RCW 13.38.040; if so, the federal Indian Child Welfare Act and chapter 13.38 RCW apply, and the order must contain the required findings (RCW 11.130.250).
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## Part 2 — Minor Guardianship vs. Parenting Plans
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### Parenting Plans Are for Parents
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A "parenting plan" allocates a child's care and decision-making between the child's own parents in a dissolution, legal separation, or parentage case; its objectives include the child's physical care, emotional stability, and each parent's authority and responsibilities (RCW 26.09.184(1)–(2)). Parents remain parents — a parenting plan does not appoint anyone.
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A minor guardianship instead places a nonparent in a parent-like role without terminating parental rights — the order must preserve visitation unless restricted under RCW 26.09.191 or 26.09.192 (RCW 11.130.215(4)) — and ends at age 18 (RCW 11.130.215(7); RCW 11.130.240(1)(a)).
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### De Facto Parentage Is a Different Path
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A person who is not a legal parent but claims to have functioned as one may instead petition to be adjudicated a "de facto parent" under the Uniform Parentage Act, proving by a preponderance of the evidence residence with the child as a regular household member for a significant period, consistent caretaking, full parental responsibilities without expectation of pay, holding the child out as their own, and a bonded, dependent relationship that is parental in nature (RCW 26.26A.440(4)). De facto parentage makes the person a legal parent; guardianship makes the person a guardian while the child's parents stay parents.
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## Part 3 — Adult Guardianship: The Basics
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The same chapter 11.130 RCW governs adult guardianships, which replaced former chapter 11.88 RCW on January 1, 2022 (repealed by 2020 c 312 § 904, effective January 1, 2022, per its official disposition history).
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### Grounds for an Adult Guardianship
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A court may appoint a guardian for an adult only on clear and convincing evidence that the adult cannot meet essential requirements for physical health, safety, or self-care because the adult cannot receive and evaluate information or make or communicate decisions, even with supportive services, technological assistance, or supported decision making; that the appointment is necessary to prevent significant risk of harm; and that the adult's needs cannot be met by a protective arrangement instead of guardianship or another less restrictive alternative (RCW 11.130.265(1)). The court may not create a full guardianship if a limited guardianship or less restrictive alternative would work (RCW 11.130.265(2)). Age, eccentricity, poverty, or a diagnosis alone is not enough (RCW 11.130.265(3)).
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### Who May Be Appointed
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The court considers candidates in this order: a guardian currently acting in another jurisdiction; a person the adult nominated, including in a power of attorney; the adult's health care agent; a spouse or domestic partner; a relative or other individual who has shown special care and concern; then a certified professional guardian (RCW 11.130.305(1)). The order must state whether the adult retains the right to vote and to marry — the adult retains both unless the order contains findings supporting removal (RCW 11.130.310(1)–(2)).
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### Duties, Powers, and Limits
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An adult guardian is a fiduciary owing the highest duty of good faith, must promote the adult's self-determination, and may not substitute the guardian's own moral, religious, or philosophical values for the adult's (RCW 11.130.325(1)–(2)). The decision-making standard is "substituted judgment": make the decision the adult would make if able, unless that would unreasonably harm the adult, in which case act in the adult's best interest (RCW 11.130.325(4)–(5)). Core powers include establishing the adult's dwelling, consenting to health care, and receiving funds, benefits, and health information (RCW 11.130.330(1)). The guardian may not revoke or amend the adult's powers of attorney, and agents' decisions under those powers generally take precedence (RCW 11.130.335(1)). Involuntary commitment must follow chapters 10.77, 71.05, or 72.23 RCW (RCW 11.130.335(2)). Adults under guardianship retain the right to associate with people of their choosing unless the court authorizes a restriction (RCW 11.130.335(5)).
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### Court Oversight
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An adult guardian must file a care plan within 90 days of appointment; the court reviews and approves it (RCW 11.130.340(1), (4)). The guardian then files periodic reports — annual, biennial, or triennial, as the court sets — on the adult's condition, living arrangements, services, visits, and funds, which the court reviews for compliance and continued need (RCW 11.130.345(1)–(2), (5), (9)). A guardian may be removed for failure to perform duties or other good cause (RCW 11.130.350(1)), and the adult, the guardian, or an interested person may petition to terminate or modify the guardianship (RCW 11.130.355(1)). The grievance process of RCW 11.130.140 applies to adult guardianships too, and orders finding a professional guardian breached a fiduciary duty are sent to the Certified Professional Guardianship Board (RCW 11.130.140(5); RCW 11.130.670).
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## Where to Learn More
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- Official statute text: chapter 11.130 RCW — https://app.leg.wa.gov/rcw/default.aspx?cite=11.130
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- Washington Law Help (Northwest Justice Project): "Minor guardianship guide" and "Children's rights in minor guardianship" — washingtonlawhelp.org
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- Washington State Courts Guardian Portal — courts.wa.gov/guardianportal — forms, the free lay-guardian training module, and the Office of Guardianship and Elder Services.
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