Washington
Overview
Washington passed a supported decision-making statute in 2019. We are not aware of any case law denying petitions for guardianship (or terminating existing guardianships) in favor of supported decision-making.
Guardianship Laws
Wash. Rev. Code Ann. §§ 2.72.005 to .050; 11.88.005 to 11.92.190
Supported Decision-Making
Supported Decision-Making Statute
- Washington’s Supported Decision-Making law: 2020 Wash. Legis. Serv. Ch. 312 (S.S.B. 6287) Part VI § 601-612 (West 2020).
- Signed April 2, 2020; Effective Jan. 1, 2021.
- Supported Decision-Making Statute, as part of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act:
- Further Procedural Revisions Including SDM Provisions to the Guardianship and Conservatorship Statutes:
- SDM Assistance Program, Effective until 01/01/2022, Authorizes the public guardianship administrator is authorized to establish and administer a public guardianship, supported decision-making assistance, and estate administration program
- Codified at Wash. Rev. Code § 2.72.030.
- Anti-Discrimination in Organ Transplants (includes SDM):
- Codified at Wash. Rev. Code § 68.64.010 (2019).
State Legislation
- S.B. 6287, 66th Leg., Reg. Sess.(Wash. 2020)
- Description: Revises provisions and established procedures and requirements for dependent adult guardianships and conservatorships.
- Status: Enacted 4/02/2020 (see chapter no 312)
- S.B. 5604, 66th Leg., Reg. Sess. (Wash. 2019)
- Description: Formally recognizes SDM as a less restrictive alternative to guardianship consistent with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
- Status: Signed by Governor on May 21, 2019. Effective date is January 1, 2021.
- H.B. 1259, 66th Leg., Reg. Sess. (Wash. 2019)
- Description: Would formally recognizes SDM as a less restrictive alternative to guardianship consistent with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
- Status: Reintroduced and retained in present status on January 13, 2020
- S.B. 5405, 66th Leg., Reg. Sess. (Wash. 2019)
- Description: Prohibits discrimination against people based on certain disabilities in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
- Status: Signed by Governor May 8, 2019
- H.B. 1329, 66th Leg., Reg. Sess. (Wash. 2019)
- Description: Incorporates additional “services that support decision-making” into the office of public guardian, including “SDM services” for adults when there is no one else qualified who is willing and able to serve. However, the definition of “Supported Decision-Making Assistance” includes acting a substitute decision-maker, e.g., representative payee, an attorney-in-fact, a trustee, or a public guardian. doesn’t sound like SDM.
- Status: Signed by Governor April 30, 2019
None found
- H.B. 1139, 65th Leg., Reg. Sess. (Wash. 2017) – (Prior Bill: 2015 Bill Text WA H.B. 1839)
- Description: To require the public guardianship administrator establish and administer “supported decision-making assistance” program, but the definition does not make it clear that the person is making his or her own decisions with support (e.g., the assistance includes, without limitation, acting as a representative payee, an attorney-in-fact, a trustee, and a public guardian”)
- Status: Failed. Last action: 1/8/18 – To House Committee on Judiciary
- S. 5447, 65th Leg., Reg. Sess. (Wash 2017) – (Prior Bill: 2015 Bill Text WA S.B. 5786)
- Description: To require the public guardianship administrator establish and administer “supported decision-making assistance” program, but the definition does not make it clear that the person is making his or her own decisions with support (e.g., the assistance includes, without limitation, acting as a representative payee, an attorney-in-fact, a trustee, and a public guardian”)
- Status: Failed. Passed out Senate on committee on Law and Justice on 1/11/18; indefinitely postponed by the Senate Committee on rules.
Case Law & Court Orders
None found
State Grant Programs
None awarded
Other Resources
- Informing Families, Supported Decision-Making
- Report: 2015 Washington State WINGS Report on project to address supporting the family and friends of persons needing decisional support, improvement assessment of persons needing decisional support, and improving guardianship standards and practice.
- Website: Guardianship & Alternatives, The Arc of King County
- Website: Supported Decision Making & Guardianship, Disability Rights Washington
- Publication: Supported Decision-Making Agreement, Second Judicial District Court
- Website: Washington Law Help, Alternatives to Guardianship: Supported Decision Making Agreements (SDM)
- Publication: Model Language for Supported Decision-Making Statutes, Note, Rachel Mattingly Phillips, 98 Wash. U. L. Rev. 615 (2020)
Information Last Updated: January 25, 2025