Minor Guardianship in Washington: What It Is and the Alternatives

What is (and what isn’t) a Minor Guardianship

In Washington State, a Minor Guardianship refers to a legislatively created authority for a non-parent to get a court order allowing them to have legal authority to make decisions and to be a minor’s primary caretaker. Depending on the type of Minor Guardianship, the authority may last as little as 60 days, from the time of the order, or until the minor turns 18 years old. Minor Guardianships are governed by Revised Code of Washington (RCW) – Chapter 11.130 – Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (herein referred as Title 11 or Minor Guardianship statute). This is a relatively new law that covers both Minor Guardianships, Adult Guardianships, Conservatorships, and Other Protective Arrangements. With respect to minors, the law went into effect on January 1st, 2021. The predecessor to the Minor Guardianship statute was RCW 26.10 – Nonparental Actions for Child Custody, which was repealed when the Minor Guardianship statute went into effect.

Minor Guardianships by their very nature are meant to be temporary until a parent can resolve the issues that brought on the need for the filing of a Minor Guardianship. Even though they are meant to be temporary they can extend until the minor turns 18 years old. A Minor Guardianship does not terminate parental rights and, legally speaking, it does not create a parent-child relationship. A Minor Guardianship also doesn’t always grant the guardian unlimited say and decision-making over the minor to the same extent that a parent might have. The court may impose limitations on decision-making or require the guardian and the parent(s) to share decision-making. The court can order a parental visitation schedule or not allow any visitation between the parent and the child at all.

What are some alternatives to Minor Guardianships

Durable Power of Attorney for Parental Powers (Parental POA)

A parental POA is a voluntary documents signed by a parent to give another legal authority to care for their minor child. A parental POA is governed by RCW 11.130.145. The advantage to a parental POA is that it is usually a quick process and you do not need the court’s permission nor involvement. The two major things to be aware of with a parental POA is that 1) a parent must voluntarily agree to it; and 2) they must have the capacity to sign the document. Another statutory requirement of a parental POA is that it can only be valid for up to two years, but a new one can be signed before or after the previous one lapses. Lastly, the parent can, at any time, terminate the parental POA. The Washington Courts – Administrative Office of the Court has published a two-page PDF briefly explaining both parental POAs and Standby Minor Guardianships, which you can find here. We will touch on Standby Minor Guardianships below but the linked PDF is a good primer.

Dependency Action

Dependencies are governed by RCW 13.34 – Juvenile Court Act – Dependency and Termination of Parent-Child Relationship. Typically, a Dependency action is commenced by the Washington State Department of Children, Youth, and Families, who is represented by the Washington State Office of the Attorney General; however, RCW 13.34.040 specifically states that any person may petition the court. When someone talks about the state taking away a child or a child being put into foster care, often times they are referring to a dependency action. One thing to be aware of, that under the dependency statute, when it comes to placement of children, the preference is for placement with a relative, then suitable other, over placing a child in foster care. Typically, someone would consider filing for a Dependency over a Minor Guardianship when they believe there is a dependent child, as defined by RCW 13.34.030, and they cannot be a guardian to the child themselves nor have a proposed guardian to nominate. Having represented minors and foster youth in dependency cases since 2022, I can tell you that this is a very brief and simplified overview, there are other advantages and disadvantages to consider before deciding whether it is right for you to petition the court to deal with a dependent child.

Adoption

Adoption is typically, but not always, a two-part process involving petitioning the court to terminate a parent’s rights and petitioning the court to adopt a minor. Unlike a Minor Guardianship, where you’re petitioning the court to be a court-ordered guardian, an adoption makes you legally the minor’s parent with all rights, privileges, and obligations. My colleague, Chelsie M. Elliott, wrote a terrific blog discussing the difference between an adoption and a minor guardianship. You can find it here: What are the Differences Between an Adoption and a Minor Guardianship.

Parenting Plan

Now this is not an alternative to a Minor Guardianship, but I thought it would be worth mentioning since I do sometimes get asked questions about this. Minor Guardianships are a mechanism for a non-parent to obtain legal rights and obligations over a minor. For purposes of Title 11 Minor Guardianships, a parent cannot be a guardian. If there are disputes between parents or if you feel that the other parent is alienating you, please consider filing for a parenting plan. You can reach out to us to schedule a consult with a family law attorney. Navigate Law Group has a number of fantastic family law attorneys with extensive experience dealing with parenting plans. You can find blogs about parenting plans here.

Conclusion

This was part one in our series on Minor Guardianships. To learn more, read part two of our series, which focuses on the types of minor guardianships in Washington. If you have any questions or would like to discuss any of the above information further, please feel free and contact our office to schedule a consultation. We would be happy to discuss your specific circumstances and tailor a plan for your individual situation.