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11.130.140 | Grievance or complaint against guardian or conservator. | (1) An individual who is subject to guardianship or conservatorship, or person interested in the welfare of an individual subject to guardianship or conservatorship, that reasonably believes the guardian or conservator is breaching the guardian's or conservator's fiduciary duty or otherwise acting in a manner inconsist... |
11.130.145 | Delegation by parent. | Except as otherwise provided in RCW 11.125.410 , a parent of a minor, by a power of attorney, may delegate to another person for a period not exceeding twenty-four months any of the parent's powers regarding care, custody, or property of the minor, other than power to consent to marriage or adoption.
[ 2019 c 437 s 129... |
11.130.150 | Ex parte communications—Removal. | A guardian ad litem or visitor shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the reco... |
11.130.155 | Registry for guardians ad litem and visitors. | (1) The superior court of each county shall develop and maintain a registry of persons who are willing and qualified to serve as guardians ad litem and visitors in guardianship and conservatorship matters. The court shall choose as guardian ad litem or visitor a person whose name appears on the registry in a system of ... |
11.130.160 | Guardianship/conservatorship summary. | Every order appointing a guardian or conservator and every court order approving accounts or reports filed by a guardian or conservator must include a guardianship/conservatorship summary placed directly below the case caption or on a separate cover page in or substantially in the same form as set forth in RCW 11.130.6... |
11.130.165 | Guardianship/conservatorship courthouse facilitator program. | A county may create a guardianship/conservatorship courthouse facilitator program to provide basic services to pro se litigants in guardianship and conservatorship cases. The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars, or both, on superior court cases file... |
11.130.170 | Filing fee. | (1)(a) The attorney general may petition for the appointment of a guardian, conservator, or other protective arrangement under RCW 11.130.270 , 11.130.365 , and 11.130.595 in which there is cause to believe that a guardianship, conservatorship, or protective arrangement is necessary and no private party is able and wil... |
11.130.175 | Guardianships involving veterans. | For guardianships involving veterans see chapter 73.36 RCW.
[ 2019 c 437 s 135 .] |
11.130.180 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and relative shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married pers... |
11.130.185 | Basis for appointment of guardian for minor. | (1) A person becomes a guardian for a minor only on appointment by the court. (2) The court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor's best interest and: (a) Each parent of the minor, after being fully informed of the nature and consequences of g... |
11.130.190 | Petition for appointment of guardian for minor. | (1) A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor. (2) A petition under subsection (1) of this section must state the petitioner's name, principal residence, current street address, if different, relationship to the minor, interest in the ap... |
11.130.195 | Notice of hearing for appointment of guardian for minor. | (1) If a petition is filed under RCW 11.130.190 , the court shall schedule a hearing and the petitioner shall: (a) Serve notice of the date, time, and place of the hearing, together with a copy of the petition and supplemental declaration, personally on each of the following that is not the petitioner: (i) The minor, i... |
11.130.200 | Attorney for minor or parent. | (1) The court is not required, but may appoint an attorney to represent a minor who is the subject of a proceeding under RCW 11.130.190 if: (a) Requested by the minor and the minor is twelve years of age or older; (b) Recommended by a guardian ad litem; or (c) The court determines the minor needs representation. (2) An... |
11.130.205 | Attendance and participation at hearing for appointment of guardian for minor. | (1) The court shall allow a minor who is the subject of a hearing under RCW 11.130.195 to attend the hearing and allow the minor to participate in the hearing unless the court determines that: (a) The minor lacks the ability or maturity to participate meaningfully in the hearing; or (b) Attendance would be harmful to t... |
11.130.210 | Custody orders—Background information to be consulted. | (1) Before granting any order under this chapter, the court must consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child. (2) Before entering a final order, the court must: (a) Direct the department of children,... |
11.130.215 | Order of appointment—Priority of nominee—Limited guardianship for minor. | (1) After a hearing under RCW 11.130.195 , the court may appoint a guardian for a minor, if appointment is proper under RCW 11.130.185 , dismiss the proceeding, or take other appropriate action consistent with this chapter or law of this state other than this chapter. (2) In appointing a guardian under subsection (1) o... |
11.130.220 | Standby guardian for minor. | (1) A standby guardian appointed under this section may act as guardian, with all duties and powers of a guardian under RCW 11.130.230 and 11.130.235 , when no parent of the minor is willing or able to exercise the duties and powers granted to the guardian. (2) A parent of a minor, in a signed record, may nominate a pe... |
11.130.225 | Emergency guardian for minor. | (1) On its own, on motion when a guardianship petition is filed under RCW 11.130.190 , or on petition by a person interested in a minor's welfare, including the minor, the court may appoint an emergency guardian for the minor if the court finds: (a) Appointment of an emergency guardian is likely to prevent substantial ... |
11.130.230 | Duties of guardian for minor. | (1) A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare. A guardian shall act in the minor's best interest and exercise reasonable care, diligen... |
11.130.235 | Powers of guardian for minor. | (1) Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor's support, care, education, health, safety, and welfare. (2) Except as otherwise limited by court order, a guardian for a minor may: (a) Apply for and receive funds and benefits otherwi... |
11.130.240 | Removal of guardian for minor—Termination of guardianship—Appointment of successor. | (1) Guardianship under this chapter for a minor terminates: (a) On the minor's death, adoption, emancipation, or attainment of majority; or (b) When the court finds that the basis in RCW 11.130.185 for appointment of a guardian no longer exists, unless the court finds that: (i) Termination of the guardianship would be ... |
11.130.245 | Prior court order validity. | (1) This chapter does not affect the validity of any court order issued under chapter 26.10 RCW prior to the repeal of chapter 26.10 RCW. Orders issued under chapter 26.10 RCW prior to the repeal of chapter 26.10 RCW, remain in effect and do not need to be reissued in a new order under this chapter. (2) All orders issu... |
11.130.250 | Application of the Indian child welfare act. | (1) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in RCW 13.38.040 . If the child is an Indian child, chapter 13.38 RCW shall apply. (2) Every order or decree entered in any proceeding under this chapter shall contain ... |
11.130.255 | Child support. | In entering or modifying an order under this chapter, the court may order one or more parents of the child to pay an amount reasonable or necessary for the child's support pursuant to chapter 26.19 RCW.
[ 2019 c 437 s 215 .] |
11.130.257 | Temporary support, restraining, and protective orders—Effect—Support debts to state. | (1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested. (2) In a proceeding under this chapter either party may file a motion for ... |
11.130.259 | Order for relocation. | Any order for the relocation of a minor under a guardianship must comply with the notice requirements of RCW 26.09.430 through 26.09.490 .
[ 2020 c 312 s 122 .]
Effective dates — 2020 c 312: See note following RCW 11.130.915 . |
11.130.260 | Health insurance coverage—Conditions. | (1) In entering or modifying a custody order under this chapter, the court must require one or more parents to maintain or provide health insurance coverage for any dependent child if the following conditions are met: (a) Health insurance that can be extended to cover the child is available to that parent through an em... |
11.130.265 | Basis for appointment of guardian for adult. | (1) On petition and after notice and hearing, the court may: (a) Appoint a guardian for an adult if the court finds by clear and convincing evidence that: (i) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluat... |
11.130.270 | Petition for appointment of guardian for adult. | (1) A person interested in an adult's welfare, including the adult for whom the order is sought, may petition for appointment of a guardian for the adult. (2) A person interested in the welfare of a minor who, within 45 days of the filing of the petition, will attain the age of majority, may petition for appointment of... |
11.130.275 | Notice of hearing for appointment of guardian for adult. | (1) All petitions filed under RCW 11.130.270 for appointment of a guardian for an adult shall be heard within sixty-days unless an extension of time is requested by a party or the court visitor within such sixty-day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing d... |
11.130.280 | Appointment and role of court visitor. | (1) On receipt of a petition under RCW 11.130.270 for appointment of a guardian for an adult, the court shall appoint a court visitor. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the petition. (2) The court, in the order appointing a co... |
11.130.285 | Appointment and role of attorney for adult. | (1)(a) The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in guardianship proceedings. Any attorney purporting to represent a respondent or person subject to guardianship shall petition the court to be appointed to represent the respondent or person subject to gua... |
11.130.290 | Professional evaluation.(Effective until June 30, 2027.) | (1) On receipt of a petition under RCW 11.130.270 and at the time the court appoints a court visitor under RCW 11.130.280 , the court shall order a professional evaluation of the respondent. (2) The respondent must be examined by a physician licensed to practice under chapter 18.71 or 18.57 RCW, psychologist licensed u... |
11.130.295 | Attendance and rights at hearing. | (1) Except as otherwise provided in subsection (2) of this section, a hearing under RCW 11.130.275 may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable effo... |
11.130.300 | Confidentiality of records. | (1) The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the record after: (a) The respondent or individual subject to guardianship requests the record be sealed; and (b) Either: (i) The petition for guardianship is dismissed; or (ii) The ... |
11.130.305 | Who may be guardian for adult—Order of priority. | (1) Except as otherwise provided in subsection (3) of this section, the court in appointing a guardian for an adult shall consider persons qualified to be guardian in the following order of priority: (a) A guardian, other than a temporary or emergency guardian, currently acting for the respondent in another jurisdictio... |
11.130.310 | Order of appointment for guardian. | (1) A court order appointing a guardian for an adult must: (a) Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative, including use of appropriate suppo... |
11.130.315 | Notice of order of appointment—Rights. | Not later than 14 days after appointment of a guardian under RCW 11.130.305 , the guardian shall give to the adult subject to guardianship and any other person entitled to notice under RCW 11.130.310 (5) or (6) or a subsequent order a copy of the order of appointment and a statement of the rights of the adult subject t... |
11.130.320 | Emergency guardian for adult. | (1) A person interested in an adult's welfare, including the adult for whom the order is sought, may petition for appointment of an emergency guardian for the adult. (2) An emergency petition under subsection (1) of this section must state the petitioner's name, principal residence, and current street address, if diffe... |
11.130.325 | Duties of guardian for adult. | (1) A guardian for an adult is a fiduciary and owes the highest duty of good faith and care to the person under a guardianship. The guardian shall not substitute his or her moral or religious values, opinions, or philosophical beliefs for those of the person under a guardianship. Except as otherwise limited by the cour... |
11.130.330 | Powers of guardian for adult. | (1) Except as limited by court order, a guardian for an adult may: (a) Apply for and receive funds and benefits as a representative payee or an authorized representative or protective payee for the support of the adult, unless a conservator is appointed for the adult and the application or receipt is within the powers ... |
11.130.335 | Special limitations on guardian's power. | (1) A guardian for an adult does not have the power to revoke or amend a power of attorney for health care or power of attorney for finances executed by the adult. If a power of attorney for health care is in effect, unless there is a court order to the contrary, a health care decision of an agent takes precedence over... |
11.130.340 | Guardian's plan. | (1) A guardian for an adult, not later than ninety days after appointment, shall file with the court a plan for the care of the adult and shall provide a copy of the plan to the adult subject to guardianship and any other notice party. The plan must be based on the needs of the adult and take into account the best inte... |
11.130.345 | Guardian's report—Monitoring of guardianship. | (1) A guardian for an adult shall file with the court by the date established by the court a report in a record regarding the condition of the adult and accounting for funds and other property in the guardian's possession or subject to the guardian's control. The guardian shall provide a copy of the report to the adult... |
11.130.350 | Removal of guardian for adult—Appointment of successor. | (1) The court may remove a guardian for an adult for failure to perform the guardian's duties or for other good cause and appoint a successor guardian to assume the duties of guardian. (2) The court shall hold a hearing to determine whether to remove a guardian for an adult and appoint a successor guardian on: (a) Peti... |
11.130.355 | Termination or modification of guardianship for adult. | (1) An adult subject to guardianship, the guardian for the adult, or a person interested in the welfare of the adult may petition for: (a) Termination of the guardianship on the ground that a basis for appointment under RCW 11.130.265 does not exist or termination would be in the best interest of the adult or for other... |
11.130.360 | Basis for appointment of conservator. | (1) On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor if the court finds by a preponderance of evidence that appointment of a conservator is in the minor's best interest, and: (a) If the minor has a parent, the court gives weight to any recomm... |
11.130.365 | Petition for appointment of conservator. | (1) The following may petition for the appointment of a conservator: (a) The individual for whom the order is sought; (b) A person interested in the estate, financial affairs, or welfare of the individual, including a person that would be adversely affected by lack of effective management of property or financial affai... |
11.130.370 | Notice and hearing for appointment of conservator. | (1) All petitions filed under RCW 11.130.365 for appointment of a conservator shall be heard within sixty days unless an extension of time is requested by a party or the court visitor within such sixty-day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing date. (2)(a... |
11.130.375 | Order to preserve or apply property while proceeding pending. | While a petition under RCW 11.130.365 is pending, after preliminary hearing and without notice to others, the court may issue an order to preserve and apply property of the respondent as required for the support of the respondent or an individual who is in fact dependent on the respondent. The court may appoint a speci... |
11.130.380 | Appointment and role of court visitor. | (1) If the respondent in a proceeding to appoint a conservator is a minor, the court may appoint a court visitor to investigate a matter related to the petition or inform the minor or a parent of the minor about the petition or a related matter. (2) If the respondent in a proceeding to appoint a conservator is an adult... |
11.130.385 | Appointment and role of attorney. | (1)(a) The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in conservatorship proceedings. Any attorney purporting to represent a respondent or person subject to conservatorship shall petition the court to be appointed to represent the respondent or person subject ... |
11.130.390 | Professional evaluation.(Effective until June 30, 2027.) | (1) On receipt of a petition under RCW 11.130.360 and at the time the court appoints a court visitor under RCW 11.130.380 , the court shall order a professional evaluation of the respondent. (2) The respondent must be examined by a physician licensed to practice under chapter 18.71 or 18.57 RCW, psychologist licensed u... |
11.130.400 | Attendance and rights at hearing. | (1) Except as otherwise provided in subsection (2) of this section, a hearing under RCW 11.130.370 may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable effo... |
11.130.410 | Confidentiality of records. | (1) The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after: (a) The respondent, the individual subject to conservatorship, or the parent of a minor subject to conservatorship requests the record be sealed; and (b) Either: (i) The petiti... |
11.130.415 | Who may be conservator—Order of priority. | (1) Except as otherwise provided in subsection (3) of this section, the court in appointing a conservator shall consider persons qualified to be a conservator in the following order of priority: (a) A conservator, other than a temporary or emergency conservator, currently acting for the respondent in another jurisdicti... |
11.130.420 | Order of appointment of conservator. | (1) A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor. (2) A court order appointing a conservator for a minor may dispense with ... |
11.130.425 | Notice of order of appointment—Rights. | (1) Not later than thirty days after appointment of a conservator under RCW 11.130.420 , the conservator shall give to the individual subject to conservatorship and any other person entitled to notice under RCW 11.130.420 (6) and (7) a copy of the order of appointment and a statement of the rights of the individual sub... |
11.130.430 | Emergency conservator. | (1) A person interested in an individual's welfare, including the individual for whom the order is sought, may petition for appointment of an emergency conservator for the individual. (2) An emergency petition under subsection (1) of this section must state the petitioner's name, principal residence, and current street... |
11.130.435 | Powers of conservator requiring court approval. | (1) Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice under RCW 11.130.370 (4) and receive specific authorization by the court before the conservator may exercise with respect to the conservatorship the power to: (a) Make a gift, except a gift of de minimis value; (b... |
11.130.440 | Petition for order after appointment. | An individual subject to conservatorship or a person interested in the welfare of the individual may petition for an order: (1) Requiring the conservator to furnish a bond or collateral or additional bond or collateral or allowing a reduction in a bond or collateral previously furnished; (2) Requiring an accounting for... |
11.130.445 | Bond—Alternative verified receipt. | (1) Except as otherwise provided in subsections (3) and (4) of this section, the court shall require a conservator to furnish a bond with a surety the court specifies, or require a verified receipt, conditioned on faithful discharge of all duties of the conservator. The court may waive the requirement only if the court... |
11.130.500 | Terms and requirements of bond. | (1) The following rules apply to the bond required under RCW 11.130.445 : (a) Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable. (b) By executing a bond provided by a conservator, the surety submits to the personal jurisdiction of the court that issued letters of ... |
11.130.505 | Duties of conservator. | (1) A conservator is a fiduciary and has duties of prudence and loyalty to the individual subject to conservatorship. (2) A conservator shall promote the self-determination of the individual subject to conservatorship and, to the extent feasible, encourage the individual to participate in decisions, act on the individu... |
11.130.510 | Conservator's plan. | (1) A conservator, not later than ninety days after appointment, shall file with the court a plan for protecting, managing, expending, and distributing the assets of the conservatorship estate. The plan must be based on the needs of the individual subject to conservatorship and take into account the best interest of th... |
11.130.515 | Inventory—Records. | (1) Not later than ninety days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. (2) A conservator shall give... |
11.130.520 | Administrative powers of conservator not requiring court approval. | (1) Except as otherwise provided in RCW 11.130.435 or qualified or limited in the court's order of appointment and stated in the letters of office, a conservator has all powers granted in this section and any additional power granted to a trustee by law of this state other than this chapter. (2) A conservator, acting r... |
11.130.525 | Distribution from conservatorship estate. | Except as otherwise provided in RCW 11.130.435 or qualified or limited in the court's order of appointment and stated in the letters of office, and unless contrary to a conservator's plan under RCW 11.130.510 , the conservator may expend or distribute income or principal of the conservatorship estate without specific c... |
11.130.530 | Conservator's report and accounting—Monitoring. | (1) A conservator shall file with the court by the date established by the court a report in a record regarding the administration of the conservatorship estate unless the court otherwise directs, on resignation or removal, on termination of the conservatorship, and at any other time the court directs. (2) A report und... |
11.130.532 | Concealed or embezzled property—Proceedings for discovery. | The court shall have authority to bring before it, in the manner prescribed by RCW 11.48.070 , any person or persons suspected of having in their possession or having concealed, embezzled, conveyed, or disposed of any of the property of the estate of the individual subject to conservatorship subject to administration o... |
11.130.535 | Attempted transfer of property by individual subject to conservatorship. | (1) The interest of an individual subject to conservatorship in property included in the conservatorship estate is not transferable or assignable by the individual and is not subject to levy, garnishment, or similar process for claims against the individual unless allowed under RCW 11.130.555 . (2) If an individual sub... |
11.130.540 | Transaction involving conflict of interest. | A transaction involving a conservatorship estate which is affected by a substantial conflict between the conservator's fiduciary duties and personal interests is voidable unless the transaction is authorized by court order after notice to persons entitled to notice under RCW 11.130.420 (6) or a subsequent order. A tran... |
11.130.545 | Protection of person dealing with conservator. | (1) A person that assists or deals with a conservator in good faith and for value in any transaction, other than a transaction requiring a court order under RCW 11.130.435 , is protected as though the conservator properly exercised any power in question. Knowledge by a person that the person is dealing with a conservat... |
11.130.547 | Access of conservator to certain assets. | (1) For purposes of this section, "institution" means all financial institutions as defined in RCW 30A.22.041 , all insurance companies holding a certificate of authority under chapter 48.05 RCW, or any agent who constitutes a salesperson or broker-dealer of securities under the definitions of RCW 21.20.005 , individua... |
11.130.550 | Death of individual subject to conservatorship. | (1) Upon the death of an individual subject to conservatorship, a conservator shall: (a) Have authority to disburse or commit those funds under the control of the conservator as are prudent and within the means of the estate for the disposition of the deceased individual subject to conservatorship's remains. Consent fo... |
11.130.555 | Presentation and allowance of claim. | (1) A conservator may pay, or secure by encumbering property included in the conservatorship estate, a claim against the conservatorship estate or the individual subject to conservatorship arising before or during the conservatorship, on presentation and allowance in accordance with the priorities under subsection (4) ... |
11.130.560 | Personal liability of conservator. | (1) Except as otherwise agreed by a conservator, the conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the conservatorship estate unless the conservator fails to reveal the conservator's representative capacity in the contract or before e... |
11.130.565 | Removal of conservator—Appointment of successor. | (1) The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator. (2) The court shall hold a hearing to determine whether to remove a conservator and appoint a successor on: (a) Petition of the individu... |
11.130.570 | Termination or modification of conservatorship. | (1) A conservatorship for a minor terminates on the earliest of: (a) A court order terminating the conservatorship; (b) The minor becoming an adult or, if the minor consents or the court finds by clear and convincing evidence that substantial harm to the minor's interests is otherwise likely, attaining twenty-one years... |
11.130.575 | Transfer for benefit of minor without appointment of conservator. | (1) Unless a person required to transfer funds or other property to a minor knows that a conservator for the minor has been appointed or a proceeding is pending for conservatorship, the person may transfer an amount or value not exceeding fifteen thousand dollars in a twelve-month period to: (a) A person that has care ... |
11.130.580 | Authority for protective arrangement. | (1) Under this article, a court: (a) On receiving a petition for a guardianship for an adult may order a protective arrangement instead of guardianship as a less restrictive alternative to guardianship; and (b) On receiving a petition for a conservatorship for an individual may order a protective arrangement instead of... |
11.130.585 | Basis for protective arrangement instead of guardianship for adult. | (1) After the hearing on a petition under RCW 11.130.270 for a guardianship or under RCW 11.130.580 (2) for a protective arrangement instead of guardianship, the court may issue an order under subsection (2) of this section for a protective arrangement instead of guardianship if the court finds by clear and convincing ... |
11.130.590 | Basis for protective arrangement instead of conservatorship for adult or minor. | (1) After the hearing on a petition under RCW 11.130.365 for conservatorship for an adult or under RCW 11.130.580 (3) for a protective arrangement instead of a conservatorship for an adult, the court may issue an order under subsection (3) of this section for a protective arrangement instead of conservatorship for the ... |
11.130.595 | Petition for protective arrangement. | A petition for a protective arrangement instead of guardianship or conservatorship must state the petitioner's name, principal residence, current street address, if different, relationship to the respondent, interest in the protective arrangement, the name and address of any attorney representing the petitioner, and, t... |
11.130.600 | Notice and hearing. | (1) All petitions filed under RCW 11.130.595 for the establishment of a protective arrangement shall be heard within sixty days unless an extension of time is requested by a party or the court visitor within such sixty-day period and granted for good cause shown. (2)(a) A copy of a petition under RCW 11.130.580 and not... |
11.130.605 | Appointment and role of court visitor. | (1) On filing of a petition under RCW 11.130.580 for a protective arrangement instead of guardianship, the court shall appoint a court visitor. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the petition. (2) On filing of a petition under ... |
11.130.610 | Appointment and role of attorney. | (1)(a) The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in protective arrangement proceedings. Any attorney purporting to represent a respondent or person subject to a protective arrangement shall petition the court to be appointed to represent the respondent or... |
11.130.615 | Professional evaluation.(Effective until June 30, 2027.) | (1) On receipt of a petition under RCW 11.130.595 and at the time the court appoints a court visitor under RCW 11.130.605 , the court shall order a professional evaluation of the respondent. (2) The respondent must be examined by a physician licensed to practice under chapter 18.71 or 18.57 RCW, psychologist licensed u... |
11.130.620 | Attendance and rights at hearing. | (1) Except as otherwise provided in subsection (2) of this section, a hearing under this article may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable effort... |
11.130.625 | Notice of order. | The petitioner shall give notice of an order under this article to the individual who is subject to the protective arrangement instead of guardianship or conservatorship, a person whose access to the individual is restricted by the order, and any other person the court determines.
[ 2020 c 312 s 317 ; 2019 c 437 s 510 ... |
11.130.630 | Confidentiality of records. | (1) The existence of a proceeding for or the existence of a protective arrangement instead of guardianship or conservatorship is a matter of public record unless the court seals the record after: (a) The respondent, the individual subject to the protective arrangement, or the parent of a minor subject to the protective... |
11.130.635 | Appointment of special agent. | The court may appoint a special agent, to assist in implementing a protective arrangement under this article. The special agent has the authority conferred by the order of appointment and serves until discharged by court order.
[ 2019 c 437 s 512 .] |
11.130.640 | Use of forms. | Unless otherwise provided in this chapter, use of the forms contained in this article is optional. Failure to use these forms does not prejudice any party.
[ 2019 c 437 s 601 .] |
11.130.645 | Petition for guardianship for minor. | This form may be used to petition for guardianship for a minor. Petition for Guardianship for Minor State of:. . . . County of:. . . . Name and address of attorney representing petitioner, if applicable:. . . . . . . . . . . . Note to petitioner: This form can be used to petition for a guardian for a minor. A court may... |
11.130.650 | Petition for guardianship, conservatorship, or protective arrangement. | This form may be used to petition for: Guardianship for an adult; Conservatorship for an adult or minor; A protective arrangement instead of guardianship for an adult; or A protective arrangement instead of conservatorship for an adult or minor. Petition for Guardianship, Conservatorship, or Protective Arrangement Stat... |
11.130.655 | Notification of rights for adult subject to guardianship or conservatorship. | This form may be used to notify an adult subject to guardianship or conservatorship of the adult's rights under RCW 11.130.315 and 11.130.425 . Notification of Rights You are getting this notice because a guardian, conservator, or both have been appointed for you. It tells you about some important rights you have. It d... |
11.130.657 | Notification of petition for guardianship or conservatorship. | This form must be used to notify an adult respondent of the respondent's rights that could be restricted if a guardianship petition under RCW 11.130.270 or a conservatorship petition under RCW 11.130.365 is granted. IMPORTANT NOTICE PLEASE READ CAREFULLY A petition to have a guardian or conservator appointed for you ha... |
11.130.660 | Letters of office. | All letters of guardianship/conservatorship must be in the following form or a substantially similar form: IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . . . . . . IN THE MATTER OF THE GUARDIANSHIP/ CONSERVATORSHIP OF . . . . . . . . . . . . . . . . . Cause No. . . . . . . . . LETTE... |
11.130.665 | Guardianship/conservatorship summary. | The guardianship/conservatorship summary shall be in or substantially similar form: GUARDIANSHIP/CONSERVATORSHIP SUMMARY Date Guardian/Conservator Appointed: . . . . Due Date for Report and Accounting: . . . . Date of Next Review: . . . . Letters Expire On: . . . . Bond Amount: $. . . . Restricted Account Agreements Re... |
11.130.670 | Certified professional guardianship board—Grievances. | (1) The certified professional guardianship board must resolve grievances against professional guardians and/or conservators within a reasonable time for alleged violations of the certified professional guardianship board's standards of practice, statutes, regulations, or rules, that relate to the conduct of a certifie... |
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