Other Protective Arrangements

The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (the “Uniform Act”) became effective in Washington state on January 1, 2022. A section of the new law, called Other Protective Arrangements, is intended to reduce unnecessary guardianships and conservatorships.

While guardianship and conservatorship are also protective arrangements, in this article the term protective arrangement will be considered as a different, less-restrictive alternative to guardianship and conservatorship. It allows the court to enter an order of limited scope (and potentially, of limited duration) that is tailored to the individual’s needs. A protective arrangement may be appropriate where a limited order would meet the needs of an individual for whom guardianship or conservatorship would otherwise be warranted.

Other protective arrangements can help prevent an individual who needs some assistance from losing their rights. Unlike a guardianship or conservatorship, a protective arrangement does not involve the removal of the individual’s right to make decisions (such as the right to contract or to consent or refuse medical treatment).

Other protective arrangements are a new concept under the Uniform Act. Other than Washington, Maine is the only state that has enacted the Uniform Act; thus, the law itself is very much untested. It will take time, and opportunities for utilization, to understand the extent to which protective arrangements are helpful and the appropriate circumstances that justify their application.

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