WARNING!

This packet contains the forms and instructions needed to file an emergency adult guardianship.

The information and instructions in this packet are for informational purposes only and do not constitute legal advice. If you do not understand the information discussed here, or if your specific situation is beyond the scope of this packet, please contact an attorney.

This packet is intended for use in King County Superior Court. If you intend to use this packet in another Washington county, check that court’s local rules, since there may be additional forms or procedures required which are not discussed here.

General Overview of Guardianship and Conservatorship
If an adult is not able to manage their health, safety, or finances, a court can appoint a
guardian to make those decisions for them. A guardian is a person appointed by a court to
make decisions about an adult’s health, safety, and self-care. Whereas a conservator is a
person appointed by a court to make decisions about an adult’s money and property. The same
person can be appointed as both guardian and conservator for an adult, if both are necessary.
An adult subject to guardianship or conservatorship may lose important legal rights, including
their right to:

• Marry or divorce
• Vote
• Possess a driver’s license
• Make or revoke a will
• Buy, sell, own, or lease property
• Consent to (or refuse) medical procedures

Because important rights are at stake, courts grant guardians and conservators only the minimum powers necessary to address the specific needs of the adult in need of help. If a less restrictive option would solve the problems that the adult is facing, then the court will not appoint a guardian or conservator. See Step 1 of this packet for more information on less restrictive alternatives to guardianship and conservatorship.

Why file for an Emergency Guardianship or Conservatorship?

It takes about 60 days to appoint a guardian/conservator in standard, non-emergency situations. This packet should ONLY be used to ask the court to appoint an emergency guardian/conservator because it could be harmful to wait 60 days for the court to appoint a regular guardian/conservator.

It is important to understand that an emergency guardianship or conservatorship is temporary and can ONLY be appointed for up to 60 days (or 120 days if the court grants an extension). However, you can file forms for both an emergency guardianship/conservatorship AND a standard guardianship/conservatorship at the same time. The emergency order can be in place while you wait for the court to decide on the more permanent, standard guardianship/conservatorship petition.

There is a separate process for petitioning for the more permanent, standard guardianship/conservatorship of an adult. Please contact the King County Law Library for the packet on this process.

For a discussion of less restrictive alternatives to emergency adult guardianships, see our infographic here.