Washington Temporary Guardianship Form: Parent's Power of Attorney for a Minor (RCW 11.130.145)

Can Washington parents set up a temporary guardianship without going to court?

Not a guardianship: in Washington a person becomes a guardian of a minor only on appointment by a court (RCW 11.130.185). What a parent can do alone is delegate parental powers by a power of attorney, for up to 24 months (RCW 11.130.145).

The power of attorney gives the caregiver the parent's own authority, nothing more. It does not change the other parent's rights or override a parenting plan.

This template is that power of attorney. It carries the name families search for, temporary guardianship, but it says plainly that it is a delegation, not a court appointment.

What can a Washington parent delegate, and for how long?

Any of the parent's powers regarding the care, custody or property of the child, for a period not exceeding 24 months, except the power to consent to the child's marriage or adoption (RCW 11.130.145).

In practice that covers daily care, school matters, activities, travel and health care decisions. Section 5 of the template lets the parent pick the powers and add limits; Section 4 fixes the start and end dates inside the 24-month cap.

Does it need a notary or witnesses in Washington?

One or the other. A power of attorney must be signed and dated by the parent, and the signature must be either acknowledged before a notary or attested by two or more competent witnesses who sign in the parent's presence (RCW 11.125.050).

The witnesses may not be related to the parent or to the agent by blood, marriage or state registered domestic partnership, and may not be the parent's home care providers or care providers at an adult family home or long-term care facility where the parent lives. A signature acknowledged before a notary is presumed genuine, which is why the notary route is the safer one.

Who can consent to a child's medical care in Washington when the parents are away?

RCW 7.70.065(2) sets the order: the appointed guardian or legal custodian; a person authorized by a court for a child in out-of-home placement; the parents; an individual to whom a parent has given a signed authorization to make health care decisions for the child; and a competent adult relative responsible for the child's health care.

A relative can act on their own representation or on a declaration under penalty of perjury, which is valid for six months. Providers may rely on it without further documentation, although they may ask for some, and are immune when they rely on a signed declaration. The template's Section 6 is the parent's signed authorization, which covers caregivers who are not relatives.

What rules apply to a health care agent for a child?

Unless the power of attorney provides otherwise, a parent's authorization for an agent to make health care decisions for a child takes effect when the child has no other parent or legal representative readily available and authorized to consent (RCW 11.125.410(1)).

The template lets the parent choose: authority only when the parent cannot be reached, or whenever the child is in the agent's care. A court-appointed guardian's authority overrides the agent's health care authority only after the guardian has actually been appointed (§ 11.125.410(3)).

Can the power of attorney name a guardian if something happens to the parent?

Yes. A power of attorney may nominate a guardian of the person or estate of a minor child, to serve during the parent's disability, during the child's minority or for a shorter time (RCW 11.125.410(2)). If a will names someone else, the most recent designation controls (§ 11.125.410(4)).

When a court appoints a guardian for a minor, it must appoint a person a parent nominated in a probated will or other record, such as a sworn declaration or power of attorney, unless that appointment is contrary to the child's best interest (RCW 11.130.215). Section 7 of the template is that nomination.

What is a standby guardian for a minor in Washington?

A person a parent nominates in a signed record to be appointed by the court. On the petition of a parent or the nominee, the court may appoint a standby guardian if it finds that within two years after the appointment no parent will likely be able or willing to perform parenting functions (RCW 11.130.220).

The standby guardian acts, with a guardian's duties and powers, when no parent is willing or able to exercise them. The parent may state limits on the powers, and may revoke or amend the nomination at any time before the appointment. The petition must be served on each parent and on the child if 12 or older, and anyone served has 60 days to object.

When is a court guardianship the better route in Washington?

When the arrangement will last longer than 24 months, or the child needs a guardian that institutions must recognize without question. The court may appoint a guardian for a minor if it is in the child's best interest and each parent, fully informed of the nature and consequences, consents; all parental rights have been terminated; or there is clear and convincing evidence that no parent is willing or able to exercise parenting functions (RCW 11.130.185).

The order must state the rights the parents keep, including contact with the child, unless the court restricts them, and the guardian's letters normally expire on the child's eighteenth birthday (RCW 11.130.215).