Guardians and guardianship

Minor Guardianship

Washington passed a law that took effect in 2021 that created a different court process for appointing someone to take care of a child who is not their own. The former process of non-parent custody has been replaced by minor guardianship (guardianship of a child under age 18). More information about the change is available from the Washington LawHelp website and the State Court website.

There are two main tracks in Minor Guardianship: an Emergency Minor Guardianship Case or a Minor Guardianship case. Many people may need to file both to obtain the relief they need. An Emergency Minor Guardianship case can be filed at the same time as a Minor Guardianship case, or it can be filed first and then followed by a Minor Guardianship case. An Emergency Minor Guardianship case may be used if short-term court orders are needed for the child or a court order is needed right away. The court may use an Emergency Minor Guardianship Order to place the children with a guardian while the Minor Guardianship case moves forward.

An instruction sheet with steps and forms for both Emergency Minor Guardianship and Minor Guardianship has been reviewed by Clark County judges.

The State Court has a list of official court forms related to minor guardianship.

Washington LawHelp has created self-help packets with instructions and forms to file and to respond to minor guardianship cases:

Washington LawHelp has additional information about minor guardianship cases that might be helpful.

The Clark County Superior Court Clerk has more information about the changes to the law as well as information about a parent's right to request an attorney under RCW 11.130.200.

If you are raising a child of another family member or a family friend, (i.e., providing 'kinship care'), some support and services are available from the Washington State Department of Social and Health Services.

Adult Guardianship

Guardianship involves the court appointing someone to make decisions for another person because the other person is not capable of managing their own affairs. Washington LawHelp has an overview of adult guardianship, conservatorship, and other protective arrangements.

The State Court website has a Guardianship Portal with information about the guardianship process and programs as well as a search tool for finding a guardian. The website also has a training for guardians and conservators

A new adult guardianship law became effective January 1, 2022. If you have a guardianship that was in place prior to that date, or want to learn more about the new law, the Administrative Office of the Courts has information about the transition to the new laws.

Forms (and some instructions) for guardianship proceedings are available. Because the law changed on January 1, 2022, forms from some sources may not be current. These two resources have updated information:

A booklet called Family and Volunteer Guardian's Handbook answers some questions about the process. It was written for the prior law but offers some valuable general information. The law library has in-depth materials to read about guardianship if you need additional information.

A former Clark County guardianship coordinator wrote some specialized forms for Clark County that apply to specific circumstances. They may be needed after a case is filed. They are available for copying in the law library. Use the links above for forms that can be used to start the court process.

The Clark County Volunteer Lawyers Program has a program to assist you with a guardianship if you meet the income qualifications. They can be reached at 360.695.5313.

Guardians ad Litem

Guardians ad litem (GAL) are individuals appointed by the court to investigate a situation and make recommendations to the court based on the best interests of the person who is dependent or incapacitated. GALs are used in a variety of cases such as guardianship and family law. There may be a fee for their services depending on financial circumstances.

A similar function is served in Clark County by Family Court Services. This office provides child custody evaluations in family court situations at the request of the court. There is a fee for this service depending on financial circumstances.

More information about guardians ad litem can be found on Washington LawHelp's website including: