Minor guardianship guide

Minor guardianship creates a legal relationship between the children and an adult whom the court appoints to be their guardian. Usually, the children’s nonparent caregiver files a guardianship case. But anyone who’s interested in the children’s welfare can file. You don’t have to want to be guardian or want custody of the children for yourself. 

Example: You’re helping your neighbor who is dying. Your neighbor’s sister has agreed to take care of the children, but she lives far away and will have trouble getting to court in Washington. You might file a minor guardianship case proposing that the neighbor’s sister become the children’s guardian. 

Whether you’re asking that you or someone else be named guardian, you must be able to show the court that each parent agrees to the guardianship, or that there’s clear, convincing evidence that no parent can or will take care of the children. This could include situations where the parents have died, or their rights have been terminated. It’s not enough just to show that someone else is better at parenting the children or can give them a better home environment. 

Once appointed by the court, a guardian may have the same or similar responsibilities as a parent. The guardian can make decisions for the children about their support, care, education, health, safety, and welfare. The guardian can choose to have physical custody of the children (the children live with them most of the time) or choose to let the children live with someone else. The guardian can also apply for public assistance for the children, and for themselves if the children live with them. 

In most cases, the children will live with the guardian.