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11.118.060 | Accounting requirements. | Except as ordered by the court or required by the trust instrument, no filing, report, registration, or periodic accounting shall be required of the trust or the trustee.
[ 2001 c 327 s 7 .] |
11.118.070 | Appointment and removal of trustee. | If no trustee is designated or no designated trustee is willing or able to serve, the court shall name a trustee. The court may order the removal of an acting trustee and the transfer of the property to another trustee if it is necessary or appropriate in order to assure that the intended use is carried out. A court ma... |
11.118.080 | Construction of trust language. | In construing the language of a trust for an animal, the governing instrument shall be liberally construed to provide the protections of this chapter. It is presumed that language contained in a trust for an animal is not merely precatory or honorary in nature unless it can be shown by clear and cogent evidence that su... |
11.118.090 | Application of rule against perpetuities—Effective date of trust. | RCW 11.98.130 through 11.98.160 apply to trusts that are subject to this chapter.
[ 2001 c 327 s 11 .] |
11.118.100 | Trustee powers. | Except as otherwise provided in the trust instrument or in this chapter, all powers and duties conferred on a trustee under Washington law also apply to the trustee of a trust for animals.
[ 2001 c 327 s 12 .] |
11.118.110 | Application of chapter. | This chapter applies to trusts that are created on or after July 22, 2001, and to trusts that are in existence on July 22, 2001, but that are revocable by the trustor on July 22, 2001. If a trustor is incompetent to exercise a power of revocation on July 22, 2001, this chapter does not apply to such trust unless the tr... |
11.120.010 | Short title—2016 c 140. | This act may be known and cited as the revised uniform fiduciary access to digital assets act.
[ 2016 c 140 s 1 .] |
11.120.020 | Definitions. | In this chapter: (1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) "Agent" means an attorney-in-fact granted authority under a durable or nondurable powe... |
11.120.030 | Applicability. | (1) This chapter applies to: (a) A fiduciary acting under a will or power of attorney executed before, on, or after June 9, 2016; (b) A personal representative acting for a decedent who died before, on, or after June 9, 2016; (c) A guardian acting for an incapacitated person appointed before, on, or after June 9, 2016;... |
11.120.040 | User direction for disclosure of digital assets. | (1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosu... |
11.120.050 | Terms-of-service agreement. | (1) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (2) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, th... |
11.120.060 | Procedure for disclosing digital assets. | (1) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (a) Grant a fiduciary or designated recipient full access to the user's account; (b) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fi... |
11.120.070 | Disclosure of content of electronic communications of deceased user. | If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the c... |
11.120.080 | Disclosure of other digital assets of deceased user. | Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications... |
11.120.090 | Disclosure of content of electronic communications of principal. | To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: (1) A written request f... |
11.120.100 | Disclosure of other digital assets of principal. | Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and dig... |
11.120.110 | Disclosure of digital assets held in trust when trustee is original user. | Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of that account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
[ 2016 c 140 s 11 ... |
11.120.120 | Disclosure of content of electronic communications held in trust when trustee not original user. | Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by ... |
11.120.130 | Disclosure of other digital assets held in trust when trustee not original user. | Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an a... |
11.120.140 | Disclosure of digital assets to guardian or conservator of incapacitated person. | (1) Unless otherwise ordered by the court, a guardian or conservator appointed under chapter 11.130 RCW has the right to access an incapacitated person's digital assets other than the content of electronic communications. (2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a... |
11.120.150 | Fiduciary duty and authority. | (1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (a) The duty of care; (b) The duty of loyalty; and (c) The duty of confidentiality. (2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (... |
11.120.160 | Custodian compliance and immunity. | (1) Not later than sixty days after receipt of the information required under RCW 11.120.070 through 11.120.150 , a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or des... |
11.120.900 | Uniformity of application and construction. | In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2016 c 140 s 17 .] |
11.120.901 | Relation to electronic signatures in global and national commerce act. | This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
[ 2016 c 140 s 18 .] |
11.125.010 | Short title—2016 c 209. | Chapter 209, Laws of 2016 may be known and cited as the uniform power of attorney act.
[ 2016 c 209 s 101 .] |
11.125.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successo... |
11.125.030 | Application—Exceptions. | (1) This chapter applies to all powers of attorney except: (a) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (b) A proxy or other delegation to exercise voting rights or management ri... |
11.125.040 | Power of attorney—Termination. | The authority conferred under a power of attorney created prior to January 1, 2017, and also for a power of attorney created on or after January 1, 2017, terminates upon the incapacity of the principal unless the writing contains the words "This power of attorney shall not be affected by disability of the principal," o... |
11.125.050 | Power of attorney—Requirements. | *** CHANGE IN 2026 *** (SEE 2604.SL ) ***
(1) A power of attorney must be signed and dated by the principal, and the signature must be either acknowledged before a notary public or other individual authorized by law to take acknowledgments, or attested by two or more competent witnesses who are neither home care provid... |
11.125.060 | Power of attorney—Validity. | (1) A power of attorney executed in this state on or after January 1, 2017, is valid if its execution complies with RCW 11.125.050 . (2) A power of attorney executed in this state before January 1, 2017, is valid if its execution complied with the law of this state as it existed at the time of execution. (3) A power of... |
11.125.070 | Power of attorney—Meaning and effect. | The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
[ 2016 c 209 s 107 .] |
11.125.080 | Conservator of principal's estate or guardian of principal's person. | (1) In a power of attorney, a principal may nominate a conservator of the estate or guardian of the person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the cour... |
11.125.090 | Power of attorney—When effective—Principal's personal representative for health care. | (1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, ... |
11.125.100 | Power of attorney termination—Agent authority termination. | (1) A power of attorney terminates when: (a) The principal dies; (b) The principal becomes incapacitated, if the power of attorney is not durable; (c) The principal revokes the power of attorney; (d) The power of attorney provides that it terminates; (e) The purpose of the power of attorney is accomplished; or (f) The ... |
11.125.110 | Coagents—Successor agents—Liability. | (1) A principal may designate in a power of attorney two or more persons to act as coagents. Unless the power of attorney otherwise provides, all coagents must exercise their authority jointly; provided, however, a coagent may delegate that coagent's authority to another coagent. (2) A principal may designate one or mo... |
11.125.120 | Reimbursement of expenses for agents. | Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to reasonable compensation.
[ 2016 c 209 s 112 .] |
11.125.130 | Accepting appointment as an agent. | Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
[ 2016 c 209 s 113 .] |
11.125.140 | Agents—Duties—Liability—Disclosures. | (1) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (a) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (b) Act in good faith; and (c) Act only within the scope o... |
11.125.150 | Power of attorney provisions relieving agent liability—When allowed. | A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision: (1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with gross negligence... |
11.125.160 | Court petition—Who may file—Reasons may file. | (1) Except as otherwise provided in the power of attorney, the following persons may bring a petition described in subsection (2) of this section: (a) The principal or the agent; (b) The spouse or state registered domestic partner of the principal; (c) The guardian of the estate or person of the principal; (d) Any othe... |
11.125.170 | Chapter violations—Agent liability. | An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to restore the value of the principal's property to what it would have been had the violation not occurred.
[ 2016 c 209 s 117 .] |
11.125.180 | Agent resignation—Procedure. | Unless the power of attorney has been terminated in accordance with RCW 11.125.080 , or the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (1) To the conservator or guardian, if one has been appointe... |
11.125.190 | Acknowledged power of attorney—When may rely upon—Certification or translation request. | (1) For purposes of this section and RCW 11.125.200 , "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments. (2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upo... |
11.125.200 | Acknowledged power of attorney—Acceptance—Refusal to accept. | (1) Except as otherwise provided in subsection (2) of this section: (a) A person shall either accept an acknowledged power of attorney or request a certification or a translation no later than seven business days after presentation of the power of attorney for acceptance; (b) If a person requests a certification or a t... |
11.125.210 | Principles of law and equity—Supplemental to chapter. | Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
[ 2016 c 209 s 121 .] |
11.125.220 | Conflicting laws. | This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
[ 2016 c 209 s 122 .] |
11.125.230 | Remedies—Not exclusive. | The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.
[ 2016 c 209 s 123 .] |
11.125.240 | Agent—Authority over principal's property. | (1) An agent under a power of attorney may, subject to the requirements of RCW 11.125.140 , and in particular RCW 11.125.140 (2)(f), do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not ot... |
11.125.250 | Agent—General authority—When created—When can be modified. | (1) Subject to the provisions of RCW 11.125.240 , if a power of attorney grants to an agent authority to do all acts that a principal could do or contains words of similar effect, the agent has the general authority described in RCW 11.125.260 through 11.125.410 . (2) An agent has authority described in chapter 209, La... |
11.125.260 | Agent authority—General powers. | Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in RCW 11.125.270 through 11.125.410 or that grants to an agent authority to do all acts that a principal could do pursuant to RCW 11.125.250 (1), a principal authorizes the agent, ... |
11.125.270 | Agent authority—Real property. | Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: (1) Demand; buy; sublease; license; receive; accept as a gift or as security for an extension of credit; or otherwise acquire or reject an interest in real p... |
11.125.280 | Agent authority—Tangible personal property. | Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: (1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of ... |
11.125.290 | Agent authority—Stocks, bonds, and financial instruments. | Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks, bonds, and financial instruments authorizes the agent to: (1) Buy, sell, and exchange stocks, bonds, and financial instruments; (2) Establish, continue, modify, or terminate an account wit... |
11.125.300 | Agent authority—Banks and financial institutions. | Except as otherwise expressly provided in chapter 209, Laws of 2016 and in chapter 30A.22 RCW, unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: (1) Continue, modify, and terminate a... |
11.125.310 | Agent authority—Operation of a business or entity. | Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to: (1) Operate, buy, sell, enla... |
11.125.320 | Agent authority—Insurance and annuities. | Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: (1) Continue, pay the premium or make a contribution on, modify, exchange, sell, rescind, release, or terminate a contract procured by or on behalf... |
11.125.330 | Agent authority—Estates, trusts, and other beneficial interests. | (1) In this section, "estates, trusts, and other beneficial interests" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment. (2) Unless the power of attorney otherwise provides, language ... |
11.125.340 | Agent authority—Claims and litigation. | Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent, without the need for appointment of a guardian or guardian ad litem under Title 4 RCW, to: (1) Assert and maintain before a court or administrative agen... |
11.125.350 | Agent authority—Personal and family maintenance. | (1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (a) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse or state registere... |
11.125.360 | Agent authority—Government program and civil and military service benefits. | (1) In this section, "benefits from governmental programs or civil or military service" means any benefit, program or assistance provided under a statute or regulation including social security, medicare, and medicaid. (2) Unless the power of attorney otherwise provides, language in a power of attorney granting general... |
11.125.370 | Agent authority—Retirement benefits and deferred compensation. | (1) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including but not limited to a plan or account under the following sections ... |
11.125.380 | Agent authority—Taxes. | Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, federal insurance contributions act, and other tax returns, claims fo... |
11.125.390 | Agent authority—Gifts. | (1) In this section, a gift "for the benefit of" a person includes but is not limited to a gift to a trust, an account under the uniform transfers to minors act of any jurisdiction, and a tuition savings account or prepaid tuition plan as defined under internal revenue code section 529, 26 U.S.C. Sec. 529, as amended. ... |
11.125.400 | Agent authority—Health care. | Unless the power of attorney otherwise provides, where language in a power of attorney grants general authority with respect to health care matters: (1) The agent shall be authorized to act as the principal's personal representative pursuant to the health insurance portability and accountability act, sections 1171 thro... |
11.125.410 | Agent authority—Principal's minor children. | Unless the power of attorney otherwise provides, the following general provisions shall apply to any power of attorney making reference to the care of the principal's minor children: (1) A parent or guardian, through a power of attorney, may authorize an agent to make health care decisions on behalf of one or more of h... |
11.125.420 | Death with dignity act. | Notwithstanding any provision in chapter 209, Laws of 2016, or any provision in a power of attorney, no rights under Washington's death with dignity act, chapter 70.245 RCW, may be exercised through a power of attorney.
[ 2016 c 209 s 219 .] |
11.125.430 | Agent's certification form—Power of attorney and agent authority validity. | The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of _____ [County] of _____] I, (Name of Agent), [certify] under penalty of perjury that (Name of Principal) granted me authorit... |
11.125.900 | Application—Uniformity—2016 c 209. | In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
[ 2016 c 209 s 501 .] |
11.125.901 | Federal law application—Federal electronic signatures in global and national commerce act—2016 c 209. | Chapter 209, Laws of 2016 modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in ... |
11.125.902 | Application—Dates—2016 c 209. | Except as otherwise provided in chapter 209, Laws of 2016, on January 1, 2017: (1) Chapter 209, Laws of 2016 applies to a power of attorney created before, on, or after January 1, 2017; (2) Chapter 209, Laws of 2016 applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2017; (... |
11.125.903 | Effective date—2016 c 209. | This act takes effect January 1, 2017.
[ 2016 c 209 s 506 .] |
11.130.001 | Intent. | It is the intent of the legislature to protect the liberty and autonomy of all people of this state, and to enable them to exercise their rights under the law to the maximum extent, consistent with the capacity of each person. The legislature recognizes that people with incapacities have unique abilities and needs, and... |
11.130.005 | Short title. | This chapter may be cited as the uniform guardianship, conservatorship, and other protective arrangements act.
[ 2019 c 437 s 101 .] |
11.130.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adult" means an individual at least eighteen years of age or an emancipated individual under eighteen years of age. (2) "Adult subject to conservatorship" means an adult for whom a conservator has been appo... |
11.130.015 | Supplemental principles of law and equity applicable. | Unless displaced by a particular provision of this chapter, the principles of law and equity supplement its provisions.
[ 2019 c 437 s 103 .] |
11.130.020 | Subject matter jurisdiction. | (1) Except to the extent jurisdiction is precluded by the uniform child custody jurisdiction and enforcement act (chapter 26.27 RCW), the superior court of each county has jurisdiction over a guardianship for a minor domiciled or present in this state. The court has jurisdiction over a conservatorship or protective arr... |
11.130.025 | Transfer of proceeding. | (1) This section does not apply to a guardianship or conservatorship for an adult that is subject to the transfer provisions of the uniform adult guardianship and protective proceedings jurisdiction act (chapter 11.90 RCW). (2) After appointment of a guardian or conservator, the court that made the appointment may tran... |
11.130.030 | Venue. | (1) Venue for a guardianship proceeding for a minor is in: (a) The county in which the minor resides or is present at the time the proceeding commences; or (b) The county in which another proceeding concerning the custody or parental rights of the minor is pending. (2) Venue for a guardianship proceeding or protective ... |
11.130.035 | Practice in court. | (1) Except as otherwise provided in this chapter, the rules of evidence and civil procedure, including rules concerning appellate review, govern a proceeding under this chapter. (2) If proceedings for a guardianship, conservatorship, or protective arrangement under Article 5 of this chapter for the same individual are ... |
11.130.037 | Presumption of legal capacity. | For the purposes of this chapter, an adult is presumed to have legal capacity.
[ 2020 c 312 s 226 .]
Effective dates — 2020 c 312: See note following RCW 11.130.915 . |
11.130.040 | Letters of office. | (1) The court shall issue letters of guardianship to a guardian on filing by the guardian of an acceptance of appointment. (2) The court shall issue letters of conservatorship to a conservator on filing by the conservator of an acceptance of appointment and filing of any required bond or compliance with any other verif... |
11.130.045 | Effect of acceptance of appointment. | On acceptance of appointment, a guardian or conservator submits to personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship.
[ 2019 c 437 s 109 .] |
11.130.050 | Co-guardian—Co-conservator. | (1) The court at any time may appoint a co-guardian or co-conservator to serve immediately or when a designated event occurs. (2) A co-guardian or co-conservator appointed to serve immediately may act when that co-guardian or co-conservator complies with RCW 11.130.040 . (3) A co-guardian or co-conservator appointed to... |
11.130.055 | Judicial appointment of successor guardian or successor conservator. | (1) The court at any time may appoint a successor guardian or successor conservator to serve immediately or when a designated event occurs. (2) A person entitled under RCW 11.130.190 or 11.130.270 to petition the court to appoint a guardian may petition the court to appoint a successor guardian. A person entitled under... |
11.130.060 | Effect of death, removal, or resignation of guardian or conservator. | (1) Appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator, or when the court under subsection (2) of this section approves a resignation of the guardian or conservator. (2) A guardian or conservator must petition the court to resign. The petition may include a reques... |
11.130.065 | Notice of hearing generally. | (1) Except as otherwise provided in RCW 11.130.195 , 11.130.220 , 11.130.275 , 11.130.370 , and 11.130.600 , if notice of a hearing under this chapter is required, the movant shall give notice of the date, time, and place of the hearing to the person to be notified unless otherwise ordered by the court for good cause. ... |
11.130.070 | Waiver of notice. | (1) Except as otherwise provided in subsection (2) of this section, a person may waive notice under this chapter in a record signed by the person or person's attorney and filed in the proceeding. (2) A respondent, individual subject to guardianship, individual subject to conservatorship, or individual subject to a prot... |
11.130.075 | Guardian ad litem. | The court at any time may appoint a guardian ad litem for an individual if the court determines the individual's interest otherwise would not be adequately represented. If no conflict of interest exists, a guardian ad litem may be appointed to represent multiple individuals or interests. The guardian ad litem may not b... |
11.130.080 | Request for notice. | (1) A person may file with the court a request for notice under this chapter if the person is: (a) Not otherwise entitled to notice; and (b) Interested in the welfare of a respondent, individual subject to guardianship or conservatorship, or individual subject to a protective arrangement under Article 5 of this chapter... |
11.130.085 | Disclosure of bankruptcy or criminal history. | (1) Before accepting appointment as a guardian or conservator, a person shall disclose to the court whether the person: (a) Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding; (b) Has been convicted of: (i) A felony; (ii) A crime involving dishonesty, neglect, violence, or use of physical f... |
11.130.090 | Qualifications. | (1) Any suitable person over the age of 21 years, or any parent under the age of 21 years or, if the petition is for appointment of a professional guardian or conservator, any individual or guardianship or conservatorship service that meets any certification requirements established by the administrator for the courts,... |
11.130.095 | Multiple nominations. | If a respondent or other person makes more than one nomination of a guardian or conservator, the latest in time governs.
[ 2019 c 437 s 119 .] |
11.130.100 | Compensation and expenses—In general. | (1) Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this chapter is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the respondent. (2) Unless otherwise compensated or reimbursed, an attorney, or other person w... |
11.130.105 | Compensation of guardian or conservator. | (1) Subject to court approval, a guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, clothing, and other appropriate expenses advanced for the benefit of the individual subject to guardianship. The court shall determine if the fees charged by a guardian and con... |
11.130.110 | Liability of guardian or conservator for act of individual subject to guardianship or conservatorship. | A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the individual subject to guardianship or conservatorship.
[ 2019 c 437 s 122 .] |
11.130.115 | Petition after appointment for instruction or ratification. | (1) A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservatorship. (2) Fourteen days after notice of a petition under subsection (1) of this section, the court may give an instruction and issue an a... |
11.130.120 | Third-party acceptance of authority of guardian or conservator. | (1) A person must not recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if: (a) The person has actual knowledge or a reasonable belief that the letters of office of the guardian or conservator are invalid or the conservator or guardian is e... |
11.130.125 | Use of agent by guardian or conservator. | (1) Except as otherwise provided in subsection (3) of this section, a guardian or conservator may delegate a power to an agent which a prudent guardian or conservator of comparable skills could delegate prudently under the circumstances if the delegation is consistent with the guardian's or conservator's fiduciary duti... |
11.130.130 | Temporary substitute guardian or conservator. | (1) The court may appoint a temporary substitute guardian for an individual subject to guardianship for a period not exceeding six months if: (a) A proceeding to remove a guardian for the individual is pending; or (b) The court finds a guardian is not effectively performing the guardian's duties and the welfare of the ... |
11.130.135 | Registration of order—Effect. | (1) If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court, may register the guardianship order in this state by filing as a foreign judgm... |
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