RCW ch. 11.130 — Revised Code of Washington Chapter 11.130 RCW — Uniform Guardianship, Conservatorship, And Other Protective Arrangements Act

RCW 11.130.000009 11.130.000009' >ARTICLE 1 GENERAL PROVISIONS 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 needs, and that some people with incapacities cannot exercise their rights or provide for their basic needs without the help of a guardian. However, their liberty and autonomy should be restricted through guardianship, conservatorship, emergency guardianship, emergency conservatorship, and other protective arrangements only to the minimum extent necessary to adequately provide for their own health or safety, or to adequately manage their financial affairs. [ 2020 c 312 s 801.] NOTES: Effective dates— RCW 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.] 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 chapter. (3) "Adult subject to guardianship" means an adult for whom a guardian has been appointed under this chapter. (4) "Claim" includes a claim against an individual or conservatorship estate, whether arising in contract, tort, or otherwise. (5) "Conservator" means a person appointed by a court to make decisions with respect to the property or financial affairs of an individual subject to conservatorship. The term includes a co-conservator. (6) "Conservatorship estate" means the property subject to conservatorship under this chapter. (7) "Court visitor" means the person appointed by the court pursuant to this chapter. (8) "Evaluation and treatment facility" has the same meaning as provided in RCW 71.05.020. (9) "Full conservatorship" means a conservatorship that grants the conservator all powers available under this chapter. (10) "Full guardianship" means a guardianship that grants the guardian all powers available under this chapter. (11) "Guardian" means a person appointed by the court to make decisions with respect to the personal affairs of an individual. The term includes a co-guardian but does not include a guardian ad litem. (12) "Guardian ad litem" means a person appointed to inform the court about, or to represent, the needs and best interests of a minor. (13) "Individual subject to conservatorship" means an adult or minor for whom a conservator has been appointed under this chapter. (14) "Individual subject to guardianship" means an adult or minor for whom a guardian has been appointed under this chapter. (15) "Less restrictive alternative" means an approach to meeting an individual's needs which restricts fewer rights of the individual than would the appointment of a guardian or conservator. The term includes supported decision making, appropriate technological assistance, appointment of a representative payee, and appointment of an agent by the individual, including appointment under a power of attorney for health care or power of attorney for finances. (16) "Letters of office" means a record issued by a court certifying a guardian's or conservator's authority to act. (17) "Limited conservatorship" means a conservatorship that grants the conservator less than all powers available under this chapter, grants powers over only certain property, or otherwise restricts the powers of the conservator. (18) "Limited guardianship" means a guardianship that grants the guardian less than all powers available under this chapter or otherwise restricts the powers of the guardian. (19) "Long-term care facility" has the same meaning as provided in RCW 70.129.010. (20) "Minor" means an unemancipated individual under eighteen years of age. (21) "Minor subject to conservatorship" means a minor for whom a conservator has been appointed under this chapter. (22) "Minor subject to guardianship" means a minor for whom a guardian has been appointed under this chapter. (23) "Notice party" means a person entitled to notice under this chapter or otherwise determined by the court to be entitled to notice. (24) "Parent" does not include an individual whose parental rights have been terminated. (25) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (26) "Professional guardian or conservator" means a guardian or conservator appointed under this chapter who is not a relative of the person subject to guardianship or conservatorship established under this chapter and who charges fees for carrying out the duties of court-appointed guardian or conservator for three or more persons. (27) "Property" includes tangible and intangible property. (28) "Protective arrangement instead of conservatorship" means a court order entered under RCW 11.130.590. (29) "Protective arrangement instead of guardianship" means a court order entered under RCW 11.130.585. (30) "Protective arrangement under Article 5 of this chapter" means a court order entered under RCW 11.130.585 or 11.130.590. (31) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (32) "Relative" means any person related by blood or by law to the person subject to guardianship, conservatorship, or other protective arrangements. (33) "Respondent" means an individual for whom appointment of a guardian or conservator or a protective arrangement instead of guardianship or conservatorship is sought. (34) "Sign" means, with present intent to authenticate or adopt a record: (a) To execute or adopt a tangible symbol; or (b) To attach to or logically associate with the record an electronic symbol, sound, or process. (35) "Special agent" means the person appointed by the court pursuant to RCW 11.130.375 or 11.130.635. (36) "Standby guardian" means a person appointed by the court under RCW 11.130.220. (37) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe. (38) "Supported decision making" means assistance from one or more persons of an individual's choosing in understanding the nature and consequences of potential personal and financial decisions, which enables the individual to make the decisions, and in communicating a decision once made if consistent with the individual's wishes. (39) "Verified receipt" is a verified receipt signed by the custodian of funds stating that a savings and loan association or bank, trust company, escrow corporation, or other corporations approved by the court hold the cash or securities of the individual subject to conservatorship subject to withdrawal only by order of the court. (40) "Visitor" means a court visitor. [ 2022 c 243 s 5; 2020 c 312 s 301; 2019 c 437 s 102.] NOTES: Effective dates— 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 s 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 instead of conservatorship for a minor domiciled or having property in this state. (2) The superior court of each county has jurisdiction over a guardianship, conservatorship, or protective arrangement under Article 5 of this chapter for an adult as provided in the uniform adult guardianship and protective proceedings jurisdiction act (chapter 11.90 RCW). (3) After notice is given in a proceeding for a guardianship, conservatorship, or protective arrangement under Article 5 of this chapter and until termination of the proceeding, the court in which the petition is filed has: (a) Exclusive jurisdiction to determine the need for the guardianship, conservatorship, or protective arrangement; (b) Exclusive jurisdiction to determine how property of the respondent must be managed, expended, or distributed to or for the use of the respondent, an individual who is dependent in fact on the respondent, or other claimant; (c) Nonexclusive jurisdiction to determine the validity of a claim against the respondent or property of the respondent or a question of title concerning the property; and (d) If a guardian or conservator is appointed, exclusive jurisdiction over issues related to administration of the guardianship or conservatorship. (4) A court that appoints a guardian or conservator, or authorizes a protective arrangement under Article 5 of this chapter, has exclusive and continuing jurisdiction over the proceeding until the court terminates the proceeding or the appointment or protective arrangement expires by its terms. [ 2019 c 437 s 104.] 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 the proceeding to a court in another county in this state or another state if transfer is in the best interest of the individual subject to the guardianship or conservatorship. (3) If a proceeding for a guardianship or conservatorship is pending in another state or a foreign country and a petition for guardianship or conservatorship for the same individual is filed in a court in this state, the court shall notify the court in the other state or foreign country and, after consultation with that court, assume or decline jurisdiction, whichever is in the best interest of the respondent. (4) A guardian or conservator appointed in another state or country may petition the court for appointment as a guardian or conservator in this state for the same individual if jurisdiction in this state is or will be established. The appointment may be made on proof of appointment in the other state or foreign country and presentation of a certified copy of the part of the court record in the other state or country specified by the court in this state. (5) Notice of hearing on a petition under subsection (4) of this section, together with a copy of the petition, must be given to the respondent, if the respondent is at least twelve years of age at the time of the hearing, and to the persons that would be entitled to notice if the procedures for appointment of a guardian or conservator under this chapter were applicable. The court shall make the appointment unless it determines the appointment would not be in the best interest of the respondent. (6) Not later than fourteen days after appointment under subsection (5) of this section, the guardian or conservator shall give a copy of the order of appointment to the individual subject to guardianship or conservatorship, if the individual is at least twelve years of age, and to all persons given notice of the hearing on the petition. [ 2019 c 437 s 105.] 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 proceeding or protective arrangement instead of guardianship for an adult is in: (a) The county in which the respondent resides; (b) If the respondent has been admitted to an institution by court order, the county in which the court is located; or (c) If the proceeding is for appointment of an emergency guardian for an adult, the county in which the respondent is present. (3) Venue for a conservatorship proceeding or protective arrangement instead of conservatorship is in: (a) The county in which the respondent resides, whether or not a guardian has been appointed in another county or other jurisdiction; or (b) If the respondent does not reside in this state, in any county in which property of the respondent is located. (4) If proceedings under this chapter are brought in more than one county, the court of the county in which the first proceeding is brought has the exclusive right to proceed unless the court determines venue is properly in another court or the interest of justice otherwise requires transfer of the proceeding. [ 2019 c 437 s 106.] 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 in the same court, the proceedings may be consolidated. (3) An adult respondent may demand a jury trial in a proceeding under this chapter on the issue of whether a basis exists for the appointment of a guardian under RCW 11.130.265 or a conservator under RCW 11.130.360(2) and on the rights to be retained or restricted if a guardian or conservator is appointed. (4) Upon the motion of the respondent or the court visitor, prior to the appointment of a guardian or a conservator or the establishment of a protective arrangement for an adult, or upon the motion of the respondent, guardian, conservator, or any notice party subsequent to such appointment, whenever it appears that the adult respondent could benefit from mediation, the court may require the petitioner, adult respondent, guardian, conservator, and any notice party to participate in mediation pursuant to RCW 11.96A.300. [ 2020 c 312 s 302; 2019 c 437 s 107.] NOTES: Effective dates— 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 s 226.] NOTES: Effective dates— 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 with any other verified receipt required by the court. (3) Limitations on the powers of a guardian or conservator or on the property subject to conservatorship must be included on the form prescribed by RCW 11.130.660. (4) The court at any time may limit the powers conferred on a guardian or conservator. The court shall issue new letters of office to reflect the limitation. (5) A guardian or conservator may not act on behalf of a person under guardianship or conservatorship without valid letters of office. (6) The clerk of the superior court shall issue letters of guardianship or conservatorship in or substantially in the same form as set forth in RCW 11.130.660. (7) Letters of office issued to a guardian or conservator who is a nonresident of this state must include the name and contact information for the resident agent of the guardian or conservator, appointed pursuant to RCW 11.130.090(1)(c). (8) This chapter does not affect the validity of letters of office issued under *chapter 11.88 RCW prior to January 1, 2022. [ 2021 c 65 s 104; 2020 c 312 s 303; 2019 c 437 s 108.] NOTES: *Reviser's note: 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 s 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 event occurs may act when: (a) The event occurs; and (b) That co-guardian or co-conservator complies with RCW 11.130.040. (4) Unless an order of appointment under subsection (1) of this section or subsequent order states otherwise, co-guardians or co-conservators shall make decisions jointly. [ 2019 c 437 s 110.] 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 appoint a successor guardian. A person entitled under RCW 11.130.365 to petition the court to appoint a conservator may petition the court to appoint a successor conservator. (3) A successor guardian or successor conservator appointed to serve when a designated event occurs may act as guardian or conservator when: (a) The event occurs; and (b) The successor complies with RCW 11.130.040. (4) A successor guardian or successor conservator has the predecessor's powers unless otherwise provided by the court. [ 2019 c 437 s 111.] 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 the court to resign. The petition may include a request that the court appoint a successor. Resignation of a guardian or conservator is effective on the date the resignation is approved by the court. (3) Death, removal, or resignation of a guardian or conservator does not affect liability for a previous act or the obligation to account for: (a) An action taken on behalf of the individual subject to guardianship or conservatorship; or (b) The individual's funds or other property. [ 2019 c 437 s 112.] 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 for good cause. Except as otherwise provided in this chapter, notice must be given in compliance with the local superior court's rule of civil procedure at least fourteen days before the hearing. (2) Proof of notice of a hearing under this chapter must be made before or at the hearing and filed in the proceeding. (3) Notice of a hearing under this chapter must be in at least sixteen-point font, in plain language, and, to the extent feasible, in a language in which the person to be notified is proficient. [ 2019 c 437 s 113.] 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 protective arrangement under Article 5 of this chapter may not waive notice under this chapter. [ 2019 c 437 s 114.] 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 may not be the same individual as the attorney representing the respondent. The court shall state the duties of the guardian ad litem and the reasons for the appointment. [ 2019 c 437 s 115.] 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 of this chapter. (2) A request under subsection (1) of this section must include a statement showing the interest of the person making the request and the address of the person or an attorney for the person to whom notice is to be given. (3) If the court approves a request under subsection (1) of this section, the approved individual shall give notice of the approval to the guardian or conservator, if one has been appointed, or the respondent if no guardian or conservator has been appointed. [ 2020 c 312 s 312; 2019 c 437 s 116.] NOTES: Effective dates— 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, violence, or use of physical force; or (iii) Other crimes relevant to the functions the individual would assume as guardian or conservator; or (c) Has any court finding of a breach of fiduciary duty or a violation of any state's consumer protection act, or violation of any other statute proscribing unfair or deceptive acts or practices in the conduct of any business. (2) A guardian or conservator that engages or anticipates engaging an agent the guardian or conservator knows has been convicted of a felony, a crime involving dishonesty, neglect, violence, or use of physical force, or other crimes relevant to the functions the agent is being engaged to perform promptly shall disclose that knowledge to the court. (3) If a conservator engages or anticipates engaging an agent to manage finances of the individual subject to conservatorship and knows the agent is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding, the conservator promptly shall disclose that knowledge to the court. (4) If a guardian or conservator that engages or anticipates engaging an agent and knows the agent has any court finding of a breach of fiduciary duty or a violation of any state's consumer protection act, or violation of any other statute proscribing unfair or deceptive acts or practices in the conduct of any business, the guardian or conservator promptly shall disclose that knowledge to the court. (5) A court may not be able to access certain databases. The parties and not the court are responsible for confirming the accuracy of what is represented. [ 2022 c 243 s 6; 2019 c 437 s 117.] RCW 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, may, if not otherwise disqualified, be appointed guardian or conservator of a person subject to guardianship, conservatorship, or both. A financial institution subject to the jurisdiction of the department of financial institutions and authorized to exercise trust powers, and a federally chartered financial institution when authorized to do so, may be appointed to act as a guardian or conservator of a person subject to guardianship, conservatorship, or both without having to meet the certification requirements established by the administrator for the courts. No person is qualified to serve as a guardian or conservator who is: (a) Under 18 years of age except as otherwise provided herein; (b)(i) Except as provided otherwise in (b)(ii) of this subsection, convicted of a crime involving dishonesty, neglect, or use of physical force or other crime relevant to the functions the individual would assume as guardian; (ii) A court may, upon consideration of the facts, find that a relative convicted of a crime is qualified to serve as a guardian or conservator; (c) A nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and caused such appointment to be filed with the court; (d) A corporation not authorized to act as a fiduciary, guardian, or conservator in the state; (e) A person whom the court finds unsuitable. (2) If a guardian, or conservator is not a certified professional guardian, conservator, or financial institution authorized under this section, the guardian or conservator must complete any standardized training video or web cast for lay guardians or conservators made available by the administrative office of the courts and the superior court where the petition is filed unless granted a waiver by the court. The training video or web cast must be provided at no cost to the guardian, or conservator. (a) If a petitioner requests the appointment of a specific individual to act as a guardian or conservator, the petition for guardianship or conservatorship must include evidence of the successful completion of the required training video or web cast by the proposed guardian or conservator. The superior court may defer the completion of the training requirement to a date no later than ninety days after appointment if the petitioner requests expedited appointment due to emergent circumstances. (b) If no person is identified to be appointed guardian or conservator at the time the petition is filed, then the court must require that the petitioner identify within 30 days from the filing of the petition a specific individual to act as guardian or conservator subject to the training requirements set forth herein. If the petitioner fails to identify a guardian or conservator within 30 days of filing, the court shall dismiss the guardianship or conservatorship. [ 2024 c 267 s 1; 2019 c 437 s 118.] RCW 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.] RCW 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 whose services resulted in an order beneficial to an individual subject to guardianship or conservatorship or for whom a protective arrangement under Article 5 of this chapter was ordered, is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the individual. (3) Where the person subject to guardianship or conservatorship is a department of social and health services client, or health care authority client, and is required to contribute a portion of their income towards the cost of long-term care services or room and board, the amount of compensation or reimbursement shall not exceed the amount allowed by the department of social and health services or health care authority by rule. (4) Where the person subject to guardianship or conservatorship receives guardianship, conservatorships, or other protective services from the *office of public guardianship, the amount of compensation or reimbursement shall not exceed the amount allowed by the *office of public guardianship. (5) The court must approve compensation and expenses payable under this section before payment. Approval is not required before a service is provided or an expense is incurred. (6) If the court dismisses a petition under this chapter and determines the petition was filed in bad faith, the court may assess the cost of any court-ordered professional evaluation, court-appointed attorney, or court visitor against the petitioner. [ 2024 c 267 s 2; 2020 c 312 s 304; 2019 c 437 s 120.] NOTES: *Reviser's note: RCW 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 conservator are just and reasonable. (2) Subject to court approval, a conservator is entitled to reasonable compensation for services and reimbursement for appropriate expenses from the property of the individual subject to conservatorship. (3) In determining reasonable compensation for a guardian or conservator, the court, or a conservator in determining reasonable compensation for a guardian as provided in subsection (1) of this section, shall approve compensation that shall not exceed the typical amounts paid for comparable services in the community, at a rate for which the service can be performed in the most efficient and cost-effective manner, considering: (a) The necessity and quality of the services provided; (b) The experience, training, professional standing, and skills of the guardian or conservator; (c) The difficulty of the services performed, including the degree of skill and care required; (d) The conditions and circumstances under which a service was performed, including whether the service was provided outside regular business hours or under dangerous or extraordinary conditions; (e) The effect of the services on the individual subject to guardianship or conservatorship; (f) The extent to which the services provided were or were not consistent with the guardian's plan under RCW 11.130.340 or conservator's plan under RCW 11.130.510; and (g) The fees customarily paid to a person that performs a like service in the community. (4) A guardian or conservator need not use personal funds of the guardian or conservator for the expenses of the individual subject to guardianship or conservatorship. (5) Where the person subject to guardianship or conservatorship is a department of social and health services client, or health care authority client, and is required to contribute a portion of their income towards the cost of long-term care services or room and board, the amount of compensation or reimbursement shall not exceed the amount allowed by the department of social and health services or health care authority by rule. (6) Where the person subject to guardianship or conservatorship receives guardianship, conservatorship, or other protective services from the *office of public guardianship, the amount of compensation or reimbursement shall not exceed the amount allowed by the *office of public guardianship. (7) If an individual subject to guardianship or conservatorship seeks to modify or terminate the guardianship or conservatorship or remove the guardian or conservator, the court may order compensation to the guardian or conservator for time spent opposing modification, termination, or removal only to the extent the court determines the opposition was reasonably necessary to protect the interests of the individual subject to guardianship or conservatorship. [ 2020 c 312 s 305; 2019 c 437 s 121.] NOTES: *Reviser's note: RCW 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.] RCW 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 appropriate order. (3) The petitioner must provide reasonable notice of the petition and hearing to the individual subject to a guardianship or conservatorship and any notice party. [ 2020 c 312 s 306; 2019 c 437 s 123.] NOTES: Effective dates— RCW 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 exceeding or improperly exercising authority granted by the court; or (b) The person has actual knowledge that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator. (2) A person may refuse to recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if: (a) The guardian's or conservator's proposed action would be inconsistent with this chapter; or (b) The person makes, or has actual knowledge that another person has made, a report to the department of children, youth, and families or the department of social and health services stating a good faith belief that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator. (3) A person that refuses to accept the authority of a guardian or conservator in accordance with subsection (2) of this section may report the refusal and the reason for refusal to the court. The court on receiving the report shall consider whether removal of the guardian or conservator or other action is appropriate. (4) A guardian or conservator may petition the court to require a third party to accept a decision made by the guardian or conservator on behalf of the individual subject to guardianship or conservatorship. (5) If the court determines that a third party has failed to recognize the legitimate authority of a guardian or conservator, or requires a third party to accept a decision made by the guardian on behalf of the individual subject to guardianship, the court may order that third party to compensate the guardian or conservator, for the time spent only to the extent the court determines the opposition was reasonably necessary to protect the interests of the individual subject to guardianship. [ 2020 c 312 s 313; 2019 c 437 s 124.] NOTES: Effective dates— RCW 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 duties and the guardian's plan under RCW 11.130.340 or the conservator's plan under RCW 11.130.510. (2) In delegating a power under subsection (1) of this section, the guardian or conservator shall exercise reasonable care, skill, and caution in: (a) Selecting the agent; (b) Establishing the scope and terms of the agent's work in accordance with the guardian's plan under RCW 11.130.340 or the conservator's plan under RCW 11.130.510; (c) Monitoring the agent's performance and compliance with the delegation; (d) Redressing an act or omission of the agent which would constitute a breach of the guardian's or conservator's duties if done by the guardian or conservator; and (e) Ensuring a background check is conducted on the agent, or conducted on persons employed by the agent when those persons are providing services to the individual subject to a guardianship or conservatorship. (3) A guardian or conservator may not delegate all powers to an agent. (4) In performing a power delegated under this section, an agent shall: (a) Exercise reasonable care to comply with the terms of the delegation and use reasonable care in the performance of the power; and (b) If the guardian or conservator has delegated to the agent the power to make a decision on behalf of the individual subject to guardianship or conservatorship, use the same decision-making standard the guardian or conservator would be required to use. (5) By accepting a delegation of a power under subsection (1) of this section from a guardian or conservator, an agent submits to the personal jurisdiction of the courts of this state in an action involving the agent's performance as agent. (6) A guardian or conservator that delegates and monitors a power in compliance with this section is not liable for the decision, act, or omission of the agent. [ 2019 c 437 s 125.] RCW 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 individual requires immediate action. (2) The court may appoint a temporary substitute conservator for an individual subject to conservatorship for a period not exceeding six months if: (a) A proceeding to remove a conservator for the individual is pending; or (b) The court finds that a conservator for the individual is not effectively performing the conservator's duties and the welfare of the individual or the conservatorship estate requires immediate action. (3) The court shall hold a hearing to appoint a temporary substitute guardian pursuant to subsection (1)(a) or (b) of this section, or to appoint a temporary substitute conservator pursuant to subsection (2)(a) or (b) of this section. The court shall give notice under RCW 11.130.065 to the adult subject to guardianship or conservatorship and to any other person the court determines should receive notice. The adult subject to guardianship or conservatorship shall have the right to attend the hearing and to be represented by counsel of the adult subject to guardianship or conservatorship's choosing. (4) Except as otherwise ordered by the court, a temporary substitute guardian or temporary substitute conservator appointed under this section has the powers stated in the order of appointment of the guardian or conservator. The authority of the existing guardian or conservator is suspended for as long as the temporary substitute guardian or conservator has authority. (5) The court shall give notice of appointment of a temporary substitute guardian or temporary substitute conservator, not later than five days after the appointment, to: (a) The individual subject to guardianship or conservatorship; (b) The affected guardian or conservator; and (c) In the case of a minor, each parent of the minor and any person currently having care or custody of the minor. (6) The court may remove a temporary substitute guardian or temporary substitute conservator at any time. The temporary substitute guardian or temporary substitute conservator shall make any report the court requires. [ 2019 c 437 s 126.] RCW 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 judgment, in a court of an appropriate county of this state, certified copies of the order and letters of office. (2) If a conservator has been appointed in another state for an individual, and a petition for conservatorship for the individual is not pending in this state, the conservator appointed for the individual in the other state, after giving notice to the appointing court, may register the conservatorship in this state by filing as a foreign judgment, in a court of a county in which property belonging to the individual subject to conservatorship is located, certified copies of the order of conservatorship, letters of office, and any bond or other verified receipt required by the court. (3) On registration under this section of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order except as prohibited by this chapter and law of this state other than this chapter. If the guardian or conservator is not a resident of this state, the guardian or conservator may maintain an action or proceeding in this state subject to any condition imposed by this state on an action or proceeding by a nonresident party. (4) The court may grant any relief available under this chapter and law of this state other than this chapter to enforce an order registered under this section. [ 2019 c 437 s 127.] RCW 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 inconsistent with this chapter may file a grievance in a record with the court. (2)(a) An unrepresented person or entity may submit a complaint to the court. Complaints must be addressed to one of the following designees of the court: The clerk of the court having jurisdiction in the guardianship, the court administrator, or the guardianship monitoring program, and must identify the complainant and the person who is the subject of the guardianship or conservatorship. The complaint must also provide the complainant's address, the case number (if available), and the address of the person subject to a guardianship or conservatorship (if available). The complaint must state facts to support the claim. (b) By the next judicial day after receipt of a complaint from an unrepresented person, the court's designee must ensure the original complaint is filed and deliver the complaint to the court. (c) Within fourteen days of being presented with a complaint, the court must enter an order to do one or more of the following actions: (i) To show cause, with fourteen days' notice, directing the guardian or conservator to appear at a hearing set by the court in order to respond to the complaint; (ii) To appoint a court visitor or other court representative to investigate the issues raised by the complaint or to take any emergency action the court deems necessary to protect the person subject to a guardianship or conservatorship until a hearing can be held; (iii) To dismiss the complaint without scheduling a hearing, if it appears to the court that the complaint: Is without merit on its face; is filed in other than good faith; is filed for an improper purpose; regards issues that have already been adjudicated; or is frivolous. In making a determination, the court may review the matter and consider previous behavior of the complainant that is documented in the guardianship or conservatorship record; (iv) To direct the guardian or conservator to provide, in not less than fourteen days, a written report to the court on the issues raised in the complaint; (v) To defer consideration of the complaint until the next regularly scheduled hearing in the guardianship or conservatorship, if the date of that hearing is within the next three months, provided that there is no indication that the person subject to a guardianship or conservatorship will suffer physical, emotional, financial, or other harm as a result of the court's deferral of consideration; (vi) To order other action, in the court's discretion, in addition to doing one or more of the actions set out in this subsection. (3) Subject to subsection (4) of this section, after receiving a grievance under subsection (1) of this section, the court: (a) Shall promptly review the grievance against a guardian and shall act to protect the autonomy, values, preferences, and independence of the individual subject to guardianship or conservatorship; (b) Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that: (i) Removal of the guardian and appointment of a successor may be appropriate under RCW 11.130.350; (ii) Termination or modification of the guardianship may be appropriate under RCW 11.130.355; (iii) Removal of the conservator and appointment of a successor may be appropriate under RCW 11.130.565; (iv) Termination or modification of the conservatorship may be appropriate under RCW 11.130.570; or (v) A hearing is necessary to resolve the allegations set forth in the grievance; and (c) May take any action supported by the evidence, including: (i) Ordering the guardian or conservator to provide the court a report, accounting, inventory, updated plan, or other information; (ii) Appointing a court visitor; (iii) Appointing an attorney for the individual subject to guardianship or conservatorship; or (iv) Holding a hearing. (4) The court may decline to act under subsection (3) of this section if a similar grievance was filed within the six months preceding the filing of the current grievance and the court followed the procedures of subsection (3) of this section in considering the earlier grievance; and may levy necessary sanctions, including but not limited to the imposition of reasonable attorney fees, costs, striking pleadings, or other appropriate relief, if after consideration the court finds that the grievance is made for reason to harass, delay, with malice, or other bad faith. (5) In any court action under this section where the court finds the professional guardian or conservator breached a fiduciary duty, the court must direct the clerk of the court to send a copy of the order entered under this section to the certified professional guardianship board. (6) A court shall not dismiss a grievance that has been filed against a guardian or conservator due to an inability to resolve the grievance in a timely manner. [ 2020 c 312 s 307; 2019 c 437 s 128.] NOTES: Effective dates— RCW 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.] RCW 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 record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem or visitor who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case. [ 2019 c 437 s 130.] RCW 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 consistent rotation, except in extraordinary circumstances such as the need for particular expertise. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem or visitor. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision. (2) To be eligible for the registry a person shall: (a) Present a written statement outlining his or her background and qualifications. The background statement shall include, but is not limited to, the following information: (i) Level of formal education; (ii) Training related to the duties of a guardian ad litem or visitor; (iii) Number of years' experience as a guardian ad litem or visitor; (iv) Number of appointments as a guardian ad litem or visitor and the county or counties of appointment; (v) Criminal history, as defined in RCW 9.94A.030; and (vi) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of persons subject to guardianship or conservatorship, legal procedure, and the requirements of this chapter. The written statement of qualifications shall include the names of any counties in which the person was removed from a guardian ad litem or visitor registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and (b) Complete the training as described in subsection (5) of this section. The training is not applicable to guardians ad litem appointed pursuant to special proceeding rule 98.16W. (3) The superior court shall remove any person from the guardian ad litem or visitor registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court. (4) The background and qualification information shall be updated annually. (5) The department of social and health services shall convene an advisory group to develop a model lay guardian, guardian ad litem, and visitor training program and shall update the program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, domestic violence, aging, legal, court administration, the Washington state bar association, and other interested parties. (6) The superior court shall require utilization of the model program developed by the advisory group as described in subsection (5) of this section to assure that candidates applying for registration as a qualified guardian ad litem or visitor shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem or visitor. [ 2019 c 437 s 131.] RCW 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 11.130.665. [ 2019 c 437 s 132.] RCW 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 filed under this chapter, chapter 11.90 RCW, and chapter 73.36 RCW to pay for the expenses of the guardianship/conservatorship courthouse facilitator program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate guardianship/conservatorship courthouse facilitator account to be used as provided in this section. [ 2019 c 437 s 133.] RCW 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 willing to petition. (b) Prepayment of a filing fee shall not be required in any guardianship, conservatorship, or protective arrangement proceeding brought by the attorney general. Payment of the filing fee shall be ordered from the estate of the respondent person at the hearing on the merits of the petition, unless in the judgment of the court, such payment would impose a hardship upon the respondent, in which case the filing shall be waived. (2) No filing fee shall be charged by the court for filing a petition for guardianship, conservatorship, or other protective arrangement filed under RCW 11.130.270, 11.130.365, and 11.130.595 if the petition alleges that the respondent has total assets of a value of less than three thousand dollars. (3) No filing fee shall be charged by the court for filing a petition for guardianship or conservatorship filed under Article 2 of this chapter, where the potential guardian is a relative and not a professional guardian or conservator. [ 2019 c 437 s 134.] RCW 11.130.175 Guardianships involving veterans. For guardianships involving veterans see chapter 73.36 RCW. [ 2019 c 437 s 135.] RCW 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 persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [ 2019 c 437 s 136.] RCW 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 guardianship, consents; (b) All parental rights have been terminated; or (c) 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. [ 2020 c 312 s 101; 2019 c 437 s 201.] NOTES: Effective dates— RCW 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 appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following: (a) The minor's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the minor will reside if the appointment is made; (b) The name and current street address of the minor's parents; (c) The name and address, if known, of each person that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition; (d) The name and address of any attorney for the minor and any attorney for each parent of the minor; (e) The legal basis for the guardianship. Factual reasons why the guardianship is sought and would be in the best interest of the minor shall be set out in a separate supplemental declaration; (f) The name and address of any proposed guardian and the reason the proposed guardian should be selected; (g) If the minor has property other than personal effects, a general statement of the minor's property with an estimate of its value; (h) Whether the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; (i) Whether any parent of the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; and (j) Whether any other proceeding concerning the care or custody of the minor is pending in any court in this state or another jurisdiction. (3) The court may, upon a showing of good cause, order that the information concerning the reasons for the guardianship contained in the supplemental declaration to the petition and all subsequently filed pleadings and evidence by any party not be served on the minor if the minor is unrepresented. A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record. (4) Courts may develop forms for the purpose of filing petitions under subsection (1) of this section. [ 2020 c 312 s 102; 2019 c 437 s 202.] NOTES: Effective dates— RCW 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, if the minor is twelve years of age or older. The court may, upon a showing of good cause, order that information concerning the reasons for the guardianship contained in the petition, the supplemental declaration, and all subsequently filed pleadings and evidence by any party, not be served on the minor if the minor is unrepresented.