RCW 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 […]
RCW 11.130.005 Short title. This chapter may be cited as the uniform guardianship, conservatorship, and other protective arrangements act. [ 2019 c 437 § 101.]
RCW 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 appointed under this […]
RCW 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 § 103.]
RCW 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 arrangement […]
RCW 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 transfer […]
RCW 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 […]
RCW 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 commenced or pending […]
RCW 11.130.037 Presumption of legal capacity. For the purposes of this chapter, an adult is presumed to have legal capacity. [ 2020 c 312 § 226.] NOTES: Effective dates—2020 c 312: See note following RCW 11.130.915.
RCW 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 […]
RCW 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 § 109.]
RCW 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 serve when a designated […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 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, […]
RCW 11.130.090 Qualifications. (1) Any suitable person over the age of twenty-one years, or any parent under the age of twenty-one 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, may, […]
