RCW 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 […]
RCW 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 petition under subsection (1) of this section must state the petitioner’s name, principal residence, current street address, […]
RCW 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. […]
RCW 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. […]
RCW 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 […]
RCW 11.130.290 Professional evaluation. (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 […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 11.130.315 Notice of order of appointment—Rights. (1) A guardian appointed under RCW 11.130.305 shall give the adult subject to guardianship and all other persons given notice under RCW 11.130.275 a copy of the order of appointment, together with notice of the right to request termination or modification. The order and notice must be given […]
RCW 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, […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
RCW 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 […]
