Title 11, PROBATE AND TRUST LAW

(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 w…

(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 representat…

(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 su…

(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 othe…

(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-mont…

(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 o…

(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 t…

(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 arrangem…

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 atto…

(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…

(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 peti…

(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 …

(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 18.7…

(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 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…

(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 par…

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.]

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.]

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…

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, Conserv…

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 abo…

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 guar…

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 . . . . . . . . . . . . . .…

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: $…

(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, …

The definitions in this section apply throughout this section and RCW 11.130.705 through 11.130.755 unless the context clearly requires otherwise. (1) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more major li…

The purpose of RCW 11.130.700 through 11.130.755 is to recognize a less restrictive alternative to guardianship for adults with disabilities who need assistance with decisions regarding daily living. [ 2020 c 312 s 602.] Notes: Effective dates—2020 c 312: See note following RCW 1…

(1) All adults are presumed to be capable of managing their affairs. (2) The manner in which an adult communicates with others is not grounds for deciding that the adult is incapable of managing the adult's affairs. (3) Execution of a supported decision-making agreement may not b…

An adult with a disability may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with a supporter under which the adult with a disability authorizes the supporter to do any or all of the following: (1) Provide supported decision ma…

A supporter may exercise the authority granted to the supporter in the supported decision-making agreement. [ 2020 c 312 s 605.] Notes: Effective dates—2020 c 312: See note following RCW 11.130.915.

(1) Except as provided by subsection (2) of this section, the supported decision-making agreement extends until terminated by either party or by the terms of the agreement. (2) The supported decision-making agreement is terminated if: (a) The department of social and health servi…

The following are disqualified from acting as a supporter: (1) A person who is an employer or employee of the adult with a disability, unless the person is: (a) An immediate family member of the adult with a disability; or (b) a certified professional guardian and conservator or …

(1) A supporter is only authorized to assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. (2) If a supporter assists an adult with a disability in accessing,…

(1) A supported decision-making agreement must be in writing, dated, and signed voluntarily, without coercion or undue influence, by the adult with a disability and the supporter in the presence of two or more subscribing witnesses or a notary public. (2) If signed before two wit…

(1) Subject to subsection (2) of this section, a supported decision-making agreement is valid only if it is in substantially the following form: SUPPORTED DECISION-MAKING AGREEMENT Appointment of Supporter I, ..... (name of supported adult), make this agreement of my own free wil…

(1) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement. (2) A person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done i…

If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that a vulnerable adult as defined in RCW 74.34.020 is being abused, abandoned, neglected (including self-neglect), …

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [ 2019 c 437 s 802.]

Chapter 437, Laws of 2019 modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of a…

This chapter applies to: (1) A proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced after January 1, 2022; and (2) A guardianship, conservatorship, or protective arrangement instead of a guard…

This act takes effect January 1, 2022, except that: (1) Section 129, chapter 437, Laws of 2019 takes effect on June 11, 2020; and (2) With respect to minors, sections 101 through 128, 130 through 136, 201 through 216, 602, 802, 803, and 805, chapter 437, Laws of 2019 take effect …