How Do I Name a Guardian for My Minor Children in Washington?

See how a parent names a guardian for their minor children in Washington, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Washington, a parent names a guardian for a minor child in a will or a separate signed writing (RCW 11.130.215(2)(a); RCW 11.12.020 (will formalities)). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them (RCW 11.130.215(2)(a); RCW 11.12.020 (will formalities)).

Yes. Washington recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Washington allows a Delegation of Parental Powers by Power of Attorney (RCW 11.130.145; execution per RCW 11.125.050): any adult can be authorized for a limited time (up to 2 years) without transferring custody.

In Washington, a child 12 or older may choose their guardian, subject to the court's approval (RCW 11.130.215(2)(c)).

Washington sets out specific statutory bars to serving as a minor's guardian, and the court can also decline anyone it finds unsuitable. (RCW 11.130.090(1))

Washington Estate Planning Resources

In-depth guides covering Washington probate laws, trust requirements, and estate planning strategies.