Discretionary appointment – Objecting parents in conservatorship cases

Guardianships

Previously, appointment of counsel for parents whose child was the subject of a guardianship matter was mandatory for an indigent parent appearing in the case if any one of the following three things were true: the parent objected to the appointment of the guardian; the court determined that counsel was needed to ensure that consent to the appointment was informed; or the court otherwise determined that the parent needed representation. See Wash. Rev. Stat. 11.130.200(5). In 2026, the Washington legislature enacted SB 5837, which amended the child guardianship code.  We have been unable to locate a new provision applicable to parents in guardianship cases.

Conservatorships

Both prior and current law provides for discretionary appointment of counsel for parents whose child is the subject of a conservatorship.  The court is permitted to appoint counsel for a parent, regardless of indigency, if any one of the following three things are true: the parent objects to the appointment of the conservator; the court determines that counsel is needed to ensure that consent to the appointment was informed; or the court otherwise determined that the parent needed representation.  See Wash. Rev. Stat. §  11.130.385(3).  The same is true in matters related to orders for protective arrangements under Wash. Rev. Stat. § 11.130.610(3).