Conservatorship Washington State: How It Differs from Guardianship

Washington families navigating the turning-18 transition hear "guardianship" constantly. What they rarely hear — until they're deep in the court paperwork — is that Washington actually separates personal decisions from financial decisions into two distinct legal arrangements. Guardianship covers the person. Conservatorship covers the property.

Under Washington's UGCOPAA (RCW Chapter 11.130), these are separate petitions with separate court orders, though families often file both at once.

Guardianship vs. Conservatorship: The Split

A guardian makes decisions about the individual's physical health, safety, housing, medical treatment, and personal welfare. They decide where the person lives, consent to medical procedures, and manage day-to-day care.

A conservator manages property and financial assets. They control bank accounts, sign contracts, pay bills, manage investments, file taxes, and handle employment agreements.

Washington deliberately separates these roles because many adults need help with finances but can manage personal decisions perfectly well — or vice versa. A 19-year-old with Down syndrome might navigate daily routines and healthcare appointments independently but need help managing a special needs trust. Filing for conservatorship alone preserves every personal right that guardianship would remove.

When Families Need Both

Some families do petition for both simultaneously. The court uses the same standard for each: clear, cogent, and convincing evidence that the individual cannot manage the domain in question, and that no less restrictive alternative can meet the need.

Common scenarios where both arise:

• An adult child with severe intellectual disability who needs both medical decision-making and financial management support
• Situations where the individual receives a personal injury settlement or inheritance that requires professional financial management alongside personal care authority
• Cases where multiple agencies (medical providers, banks, landlords) each require court-appointed authority before they'll work with the family

Even when filing both, the court tailors each order separately. A person can receive a limited guardianship covering only medical decisions while receiving a full conservatorship covering all financial matters.

The Conservatorship Filing Process

The procedure mirrors guardianship closely since both are filed under RCW Chapter 11.130:

1. Petition: File Form GDN C 102 (the same form covers guardianship, conservatorship, and protective arrangements — you select which you're requesting)
2. Filing fee: $240 at the Superior Court in the respondent's county of residence, waivable under GR 34 for qualifying families
3. Notice: Serve the respondent personally within 5 days; mail notice to all interested parties
4. Court Visitor: The court appoints an independent investigator who interviews the respondent and reports back
5. Professional evaluation: A licensed clinician evaluates the respondent's capacity and files a sealed report
6. Hearing: Within 60 days of filing — the court must find the same "clear, cogent, and convincing" evidence standard

If the court appoints a conservator, it determines the necessary bond amount under RCW 11.130.445 to protect the estate. The bond serves as insurance against financial mismanagement. Alternatively, the court may order that assets be deposited into a blocked financial account at a designated bank, where no withdrawals are possible without a written court order.

Ongoing Conservator Duties

A conservator's reporting obligations are substantial:

• File a conservator inventory within 90 days of appointment
• File periodic financial accountings showing every dollar received, spent, and invested
• Maintain a fiduciary bank account titled to show the individual's ownership
• Obtain court approval before making any major financial decisions (selling property, settling claims, entering long-term contracts)
• Complete the mandatory lay guardian/conservator training if you're a family member rather than a professional

Alternatives to Conservatorship

Before going to court, consider whether financial management can be handled through less restrictive tools:

Durable Power of Attorney for Finances (RCW 11.125): If your child can understand the concept of delegating financial authority, a DPOA lets them appoint you as their financial agent without any court involvement. This covers private bank accounts, leases, and most state agency paperwork.

Representative Payee (SSA): For SSI and Social Security funds specifically, the SSA appoints a Representative Payee through its own federal administrative process — completely separate from state courts. A state conservatorship does not give you authority over federal benefits.

ABLE Account: Washington's ABLE savings accounts let individuals with disabilities save up to $100,000 without jeopardizing SSI eligibility. The account holder manages the funds themselves or with informal support.

Protective Arrangement (OPA): Under RCW 11.130.590, the court can authorize a single specific financial transaction — like establishing a special needs trust — without creating an ongoing conservatorship.

Making the Right Choice

The decision between conservatorship, guardianship, both, or neither depends entirely on where your child's specific capacity gaps fall. A young adult who can manage daily life but struggles with financial decisions needs a conservator, not a guardian. Someone who needs medical decision-making support but handles money well needs a guardian, not a conservator.

For decision worksheets that map your child's specific needs to the right legal tool — and step-by-step guidance on every option from SDM agreements through full court proceedings — see the Washington Adult Guardianship & Alternatives Guide.

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