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How To Modify or Remove a Guardianship

Date: December, 2000

Prepared by: Beth Stevens, Legal Advocacy Team

If someone has a guardianship that he or she no longer wants or needs, is there anything that he or she can do about it?

Yes. Under Washington law, anyone can request the court in which the guardianship was established to terminate the guardianship, modify the guardian’s duties, or have the guardian remove and replaced with another guardian. See RCW 11.88.120.

What are the reasons to end or limit a guardianship or change the guardian?

A guardian is appointed for people who have an illness or disability that prevents them from taking care of themselves or managing their own property. To end the guardianship, the court has to find that the person (the law refers to them as "an incapacitated person") can take care of himself or herself and/or his or her own property. The guardian may be changed if the guardian can no longer perform his or her duties as guardian (for example, if the guardian dies, becomes incapacitated, no longer has time to take care of his or her duties as guardian, etc.). The guardianship can be limited if someone only needs help in certain areas of his or her life, such as finances.

When can a guardianship be modified or ended?

Any time after a guardianship has been established, the court may, for good reason, change the conditions of a guardianship or terminate the guardianship completely. The court can also appoint a new guardian or limit the guardian’s duties if the court thinks that would be more appropriate.

How do I get a court to do this?

Any person, including the person who has the guardian, can apply to the court for an order to modify or terminate the guardianship or replace the guardian with a new guardian or limited guardian. You are not required to hire an attorney to represent you, but if you do have an attorney, your attorney must file a motion in court telling the court why the guardianship should be changed or terminated. If you do not have an attorney, you can simply give a written request to the clerk of the court where the guardianship was created explaining the reasons for wanting the guardianship ended or modified. The court clerk will give your written request to a judge the next day the court is in session. The written request can include, for example:

	Your name, address and date of birth
	Your guardian’s name and address
	How long the guardianship has been in place
	Where and when the guardianship was created
	Why you think the guardianship should be modified or terminated
	Any circumstances that have changed since the guardianship was put in place.

Will I have to go to court?

Maybe. After the court clerk has given your request to a judge, the judge can do one of three things:

Direct the court clerk to schedule a court hearing on your guardianship,
Appoint a guardian ad litem to investigate the issues raised by your request (the guardian ad litem can also be asked to take any emergency action the court may think necessary to protect the "incapacitated person" until a hearing can be held); or
Deny the request without scheduling a hearing if it appears based on documents in the court file that your request is not for a good reason.

If my application is denied, will I be told why?

Yes. If the court denies your application without scheduling a hearing, the court must tell you in writing the reasons for the denial.

If I do have to go to court, when will I know?

If the judge decides to schedule a hearing, then the court clerk will schedule the hearing within 30 days of when the court clerk gave your application to the judge. You will be notified of the date and time of the hearing. This is called being given "notice." Under the statute, the clerk must give "notice" of the hearing to the applicant, the guardian, the "incapacitated person," all attorneys of record, and anyone else entitled to be given notice of the proceedings. The court clerk will mail a copy of any court order resulting from the hearing to the applicant, the guardian, and to any other person entitled to receive notice of the hearing.

Can anything else happen at the hearing?

Yes. At the hearing, the court may also grant other relief that it believes to be appropriate and in the best interests of the person who has the guardian. For example, if the guardian is removed, the judge can order the guardian to return any property and records to the person who had the guardian. If the guardian does not follow the judge’s order, the guardian can be held in contempt of court.

Who can I call if I have questions about this process?

If you need more information about the guardianship process, you can contact the court clerk for your county. The address and phone number for your county’s court clerk is in the government section of the phone book under Superior Courts for your county.

This publication is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate.

To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.

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