Detailed Answer
Short answer: In Washington you do not automatically become guardian of the estate just because you are appointed guardian of the person. The court must make a separate appointment (or an express combined appointment) for estate powers. Guardianship of the person and guardianship of the estate are distinct roles with different duties, powers, and court requirements.
Why they are different
Washington law treats physical-care decisions (where the protected person lives, medical care, daily needs) as the realm of a guardian of the person, while financial decisions (managing money, paying bills, collecting benefits, selling property) fall to a guardian of the estate. The court can appoint the same person to perform both sets of duties, but it must do so by specific order.
Where the law says this
State guardianship statutes set out separate duties, powers, and procedures for guardianship appointments. For general authority and procedures for adult guardianships see the Washington statutes on guardianship (adult guardianship chapter) and for minor guardianships see the separate chapter for minors:
- RCW Chapter 11.92 (Guardianship of adults; definitions, appointments, powers, reports)
- RCW Chapter 11.88 (Guardianship of minors)
Those chapters describe appointment procedures, required notices, bond and inventory requirements, and reporting or accounting duties tied to estate management. The specific court order you receive controls which powers you have.
Practical consequences
- If the court appoints you only as guardian of the person, you can make decisions about living arrangements, medical care, and daily needs but you cannot legally access bank accounts, sign contracts on behalf of the ward, or sell property unless the court also appoints you guardian of the estate (or another legal mechanism gives you authority).
- If you need authority to manage money, you must ask the court to appoint a guardian of the estate (this can be requested when the original petition is filed or later by separate petition).
- The court may require a bond, require you to file an inventory of assets, and to file periodic accountings if you serve as guardian of the estate.
- The court can appoint different people for the person and the estate if it believes that arrangement protects the ward best.
Typical steps to obtain guardianship of the estate in Washington
- Petition the superior court (you can petition initially for both person and estate or file a later petition asking to be appointed for the estate).
- Provide required notice and medical/capacity evidence and attend a hearing.
- If appointed, comply with bond, inventory, and reporting/accounting requirements the court orders.
For procedural details and statutory language, see RCW Chapter 11.92.
Alternatives and related options
Before seeking a guardianship of the estate, consider whether less restrictive tools can meet the ward’s needs:
- Durable power of attorney signed while the person had capacity (allows an agent to handle finances without court appointment).
- Representative payee for Social Security or VA benefits (for benefit management).
- Trusts or a joint account established while the person had capacity.
When to get legal help
Guardianship of the estate brings legal duties (fiduciary responsibilities), reporting, and potential liability. If you are unsure whether to seek estate powers, or about bond, inventory, accountings, or limits on authority, talk to a Washington attorney experienced in guardianship and probate.
Find qualified help: Washington State Bar Association — Find Legal Help.
Quick hypothetical example
Hypothetical: Jane is appointed guardian of her elderly mother’s person to arrange medical care and living arrangements. Jane does not get authority to access her mother’s bank accounts. When bills go unpaid, Jane petitions the court and is separately appointed guardian of the estate. The court orders a bond, requires an inventory of assets, and later requires annual accountings.
Disclaimer: This article explains general Washington guardianship principles and is not legal advice. Every case is different. For advice about a particular situation, consult a Washington attorney.
Helpful Hints
- Ask the court for both appointments in the initial petition if you expect to need financial authority — it can save time.
- Read the court’s appointment order carefully; it lists the specific powers you have.
- Expect requirements: bond, inventory of assets, and periodic accountings if you manage the estate.
- Explore less restrictive alternatives (durable POA, representative payee) before asking for estate guardianship if possible.
- Keep careful records of money received and spent for the ward; accurate records protect you and the ward.
- Contact the Washington State Bar Association’s referral resources to find a local attorney familiar with guardianship and probate practice.