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What is Guardianship? Guardianship Questions Guardianship is a legal arrangement. A guardianship is created when a court appoints someone to make decisions for, and take actions for, someone else. The guardian has a legal duty to that person. The legal duty is called being a fiduciary. A fiduciary is required to act in the best interests of the person under guardianship. GUARDIANSHIP OF A MINOR – GENERAL What is the basis for creating a minor guardianship under RCW 11.130? Under RCW 11.130 generally, a court can appoint a guardian for a minor who does not have a guardian under the following circumstances. Appointing a guardian is in the best interests of a minor, and One of the following: Each parent of the minor agrees after being informed about what a guardianship means; or All parental rights have been terminated; or There is clear and convincing evidence that no parent of the minor is willing or able to exercise parenting functions as defined in RCW 26.09.004. Does the guardian get custody of the minor? Under RCW 11.130 generally, the guardian of a minor gets custody.