This is the "doing your homework --- getting your ducks in a row" phase, so that when you do go to Court, you'll sail through and come out with the prize --- the creation of the Guardianship and your Letters, authorizing you to manage it.

1.  Determining the Proper Court    Back to Top

     If:
     ● The incapacitated person resides in Washington, and
     ● You will file your matter in the Superior Court in the county in which the incapacitated person resides -- Go to 2 below.

2.  Filing a Case Cover Sheet     Back to Top 

Every new matter filed in a Washington Superior Court requires the filing of a Superior Court Case Cover Sheet.  King and Pierce (and perhaps other) Counties have their own version of it.  Select, complete, and sign the appropriate form from among the following three alternatives:

3.  Petitioning for a Guardianship     Back to Top

The Issue: You need to have the Court create the Guardianship and appoint you as the Guardian.  Upon your appointment, the Court will direct the Clerk to issue you a document, known as Letters, confirming your appointment in writing.

Select, complete, and sign the appropriate form from among the following three alternative Petition for Guardianship forms, depending on:

• If the Guardianship is going to be for BOTH the Person and the Estate:
  Petition for Guardianship of Both Person and Estate form.

• If the Guardianship is going to be for the Person ONLY:
  Petition for Guardianship of Person Only form.

• If the Guardianship is going to be for the Estate ONLY:
  Petition for Guardianship of Estate Only form.

4.  Avoiding Having to Send Notice of Filing or Hearing     Back to Top

Notice of Filing of Petition for Guardianship:

     This Notice plus a copy of the Petition for Guardianship are required to be personally served on both the incapacitated person and any appointed Guardian ad Litem within 5 days of filing the Petition for Guardianship.

Notice of Hearing on Petition for Guardianship:

     If:

     ● The incapacitated person is under 14 & a parent signs the Petition, or

     ● If the incapacitated person is at least 14 but under 18 and consents to the appointment of the nominated Guardian ---

Then Notice of Hearing is not required.

The notice requirements in guardianship cases are complex, due to two different types of notice being required for two different classes of recipients:

• Types of Notice: 

  • Notice that a Petition for Guardianship has been filed, and 

  • Notice of the hearing on that Petition; and
    

• Classes of recipients: 

  • The incapacitated person & the Guardian ad Litem, and 

  • All other interested persons.

For a detailed discussion of the Notice requirements, see: Giving Notice.

a.  Notice that a Petition for Guardianship Has Been Filed     Back to Top

b.  Notice of the Hearing on the Petition     Back to Top

The general rule: Notice of Hearing is required by:

c.  Notice Exceptions     Back to Top

See: Giving Notice.

5.  Preparing a Declaration of Proposed Guardian     Back to Top

Complete and sign a:
Declaration of Proposed Guardian (Uncertified) form. 

6.  Avoiding Designating a Resident Agent     Back to Top

If you are a Washington resident --- Go to 7 below.

If you are NOT a Washington esident, see: Designating a Resident Agent.

7.  Avoiding Posting Bond     Back to Top

     If:

     ● The guardianship's assets are less than $3,000, or

     ● All the guardianship's cash and securities will be deposited into a blocked account --- Go to 8 below.

At the discretion of the Court, no Bond is required:

1. If the value of the assets of the Guardianship is (and remains) less than $3,000 (RCW 11.88.100); or 

2. To the extent that any cash and securities of the Guardianship are placed in what is known as a "blocked account" --- an account at a savings and loan, bank, trust company, escrow corporation, or any other corporation approved by the Court such that: 

   1. The depository signs a receipt for the funds and securities stating that they will not be released until further order of Court, and 

   2. The Guardian files the receipt (what is known as a "Receipt of Funds into Blocked Account") with the Court.  RCW 11.88.105

Otherwise, a Bond is required in the amount of all cash and securities not deposited into a blocked account.  RCW 11.88.100

For further information about blocked accounts, see: Blocked Account.

8.  Drafting a Proposed Order Appointing Guardian     Back to Top
The Issue: Courts don't write Orders, they only sign them.  You must prepare a proposed Order for the Judge's review and signature, memorializing his/her approval of your Petition.

Select the appropriate form from among the following three alternatives:

• If the Guardianship is going to be for BOTH the Person and the Estate:
  Order Appointing Guardian of Both Person and Estate form.

• If the Guardianship is going to be for the Person ONLY:
  Order Appointing Guardian of Person Only form.

• If the Guardianship is going to be for the Estate ONLY:
  Order Appointing Guardian of Estate Only form.

Add the Header (ie, complete the top half of the first page: county, ward's name, and Case. No. if available) and your contact information on the footer and sign it.

9.  Drafting a Proposed Order Appointing Guardian ad Litem & Notice of Hearing     Back to Top

     If:

     ● The minority of the incapacitated person is the only reason for the guardianship, and

     ● At least one of the minor's parents signs the Petition --- Go to 10 below.

A Guardian ad Litem ("GAL") is a person appointed by the Court for the sole purpose of advocating on behalf of another, typically an incapacitated person; "ad Litem" is Latin and means "for the suit."  Washington law provides that upon the filing of any Petition for Guardianship, the Court must appoint a GAL for the incapacitated person except if:

1. The minority of the incapacitated person is the only reason for the guardianship, and 

2. At least one of the parents of the child signs or consents to the Petition for Guardianship.  RCW 11.88.090(3)(b)

If you have a "minority only" guardianship and neither parent signs the Petition for Guardianship, then by having one of the parents sign a
Consent of Parent to Appointment of Guardian form, you should be able to avoid having a GAL appointed.

If your situation does not fall within this one "minority only + parent signs or consents" exception, complete the
Order Appointing Guardian ad Litem & Notice of Hearing form. 

10.  Drafting a Proposed Order Waiving Filing Fee     Back to Top

If the value of the Alleged Incapacitated Person's total assets exceeds $3,000 --- Go to 10 below.

No filing fee is required to be paid if either:

1. The value of the assets of the incapacitated person total less than $3,000 (RCW 11.88.030(3)); or 

2. In the judgment of the Court, the imposition of a fling fee would impose a hardship upon the incapacitated person (RCW 11.88.030(2)(b)).

Otherwise, the filing fee (as of October, 2004) is $110.

If you are eligible for a waiver of the filing fee on the basis of the $3,000 exception and want the fee to be waived, complete the:
Order Waiving Filing Fee form. 

11.  Seeking Temporary Relief --- Motion for a Temporary Restraining Order     Back to Top

If the Alleged Incapacitated Person needs no protection against ongoing bad acts or omissions or against threats or has no emergency needs --- Go to 11 below.

If the incapacitated person needs protection or has emergency needs, see: Seeking Temporary Relief.

12.  Filing an Oath of Guardian     Back to Top
The Issue: You must file an Oath (a sworn statement by the Guardian promising to manage the guardianship according to law) in order to obtain your Letters.

After the Court appoints you as Guardian but before the Clerk will issue you Letters, you must file an Oath of Guardian (and any Bond that may be required).  RCW 11.88.100

Complete the Header of an:  Oath of Guardian form.

Unlike most other forms that you will use during the guardianship, all oaths of office must be notarized.  RCW 9A.72.085.  So partially complete the Oath and have your signature notarized.

Side-bar: Courts don't provide notarial service, but private notarial services are available in some Courthouses and other locations; see, for example, Notary services at King County Courthouse and Kent Regional Justice Center and other locations

Side-bar: Evidencing Your Authority as Guardian.

13.  Telephoning the Probate Clerk     Back to Top

Telephone the County Clerk in the county where the guardianship will be filed (Telephone Numbers) and ask to speak to the probate clerk:

1. Determine the days and times when the Court is available to hear Petitions for Guardianship.

    

2. Determine if there are any requirements specific to your county or other requirements that would be helpful for you to know before going to Court.  For example:
   

   • Requirements Specific to King County

Complete any of the foregoing requirements that may be applicable to you.

You have now completed the steps required to prepare your Court filings to create a typical guardianship.  Your next step is to file your pleadings with the Court.