WA legislature narrows right to counsel in guardianship/conservatorship cases

Generally

Previously, the court was required to appoint counsel for unrepresented guardianship and conservatorship respondents who were unable to afford counsel (or unable to access funds with which to pay for an attorney). It also required the court to appoint, regardless of income, if it believed the person’s interests could not otherwise be adequately represented. The law permitted appointment for all others.

In 2026, the Washington legislature enacted SB 5837 (effective June 11, 2026), narrowing the appointment provision to situations where the respondent objects, makes a request for counsel to the court visitor, or if “[i]n the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented.” Wash. Rev. Code. § 11.130.285(b) (as to guardianship); § 11.130.385(b) (as to conservatorship).

Requiring a respondent to object or request counsel in order to obtain an attorney is problematic.  A 2024 study in Maine (a state with a very similar request requirements) found that 75% of respondents were not appointed counsel from 2019-21.  Representation rates were even worse for those with developmental disabilities, 90% of whom went without legal representation.  The report also found that the presence of an attorney made a big difference, significantly decreasing the likelihood of a full guardianship.

Emergency Petitions

The right to counsel in emergency petitions remains unchanged.  Adults subject to a petition for appointment of an emergency guardian or emergency conservator are entitled to counsel. Wash. Rev. Code. §§ 11.130.320(9) (as to emergency guardianship petitions); 11.130.430(9) (as to emergency conservatorship petitions).