Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.130.540 Transaction involving conflict of interest.
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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 11.1…
RCW 11.130.545 Protection of person dealing with conservator.
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(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…
RCW 11.130.547 Access of conservator to certain assets.
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(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 d…
RCW 11.130.550 Death of individual subject to conservatorship.
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(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 t…
RCW 11.130.555 Presentation and allowance of claim.
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(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…
RCW 11.130.560 Personal liability of conservator.
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(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…
RCW 11.130.565 Removal of conservator—Appointment of successor.
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(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 suc…
RCW 11.130.570 Termination or modification of conservatorship.
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(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 otherw…
RCW 11.130.575 Transfer for benefit of minor without appointment of conservator.
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(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…
RCW 11.130.580 Authority for protective arrangement.
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(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 ord…
RCW 11.130.585 Basis for protective arrangement instead of guardianship for adult.
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(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…
RCW 11.130.590 Basis for protective arrangement instead of conservatorship for adult or minor.
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(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…
RCW 11.130.595 Petition for protective arrangement.
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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…
RCW 11.130.600 Notice and hearing.
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(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 …
RCW 11.130.605 Appointment and role of court visitor.
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*** CHANGE IN 2026 *** (SEE 5837-S.SL) ***(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, …
RCW 11.130.610 Appointment and role of attorney.
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*** CHANGE IN 2026 *** (SEE 5837-S.SL) ***(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 a…
RCW 11.130.615 Professional evaluation.
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(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…
RCW 11.130.620 Attendance and rights at hearing.
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*** CHANGE IN 2026 *** (SEE 5837-S.SL) ***(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 loc…
RCW 11.130.625 Notice of order.
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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…
RCW 11.130.630 Confidentiality of records.
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*** CHANGE IN 2026 *** (SEE 5837-S.SL) ***(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 …
RCW 11.130.635 Appointment of special agent.
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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.]
RCW 11.130.640 Use of forms.
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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.]
RCW 11.130.645 Petition for guardianship for minor.
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This form may be used to petition for guardianship for a minor.Petition for Guardianship for MinorState of:. . . .County of:. . . .Name and address of attorney representing petitioner, if applicable:. . . .. . . .. . . .Note to petitioner: This form can be used to petition for a …
RCW 11.130.650 Petition for guardianship, conservatorship, or protective arrangement.
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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; orA protective arrangement instead of conservatorship for an adult or minor.Petition for Guardianship, Conservators…
RCW 11.130.655 Notification of rights for adult subject to guardianship or conservatorship.
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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 RightsYou are getting this notice because a guardian, conservator, or both have been appointed for you. It tells you about…
RCW 11.130.657 Notification of petition for guardianship or conservatorship.
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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 NOTICEPLEASE READ CAREFULLYA petition to have a guardia…
RCW 11.130.660 Letters of office.
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All letters of guardianship/conservatorship must be in the following form or a substantially similar form:IN THE SUPERIOR COURT OF THESTATE OF WASHINGTON IN AND FOR THECOUNTY OF . . . . . . . . .IN THE MATTER OF THEGUARDIANSHIP/CONSERVATORSHIP OF. . . . . . . . . . . . . . . . .C…
RCW 11.130.665 Guardianship/conservatorship summary.
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The guardianship/conservatorship summary shall be in or substantially similar form:GUARDIANSHIP/CONSERVATORSHIP SUMMARYDate Guardian/Conservator Appointed:. . . .Due Date for Report and Accounting:. . . .Date of Next Review:. . . .Letters Expire On:. . . .Bond Amount:$. . . .Rest…
RCW 11.130.670 Certified professional guardianship board—Grievances.
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(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, …
RCW 11.130.700 Definitions.
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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 lif…
RCW 11.130.705 Purpose.
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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 11.1…
RCW 11.130.710 Presumption of capacity.
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(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 be …
RCW 11.130.715 Scope.
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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 mak…
RCW 11.130.720 Authority of supporter.
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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.
RCW 11.130.725 Term.
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(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 service…
RCW 11.130.730 Disqualification of supporter.
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*** CHANGE IN 2026 *** (SEE 5837-S.SL) ***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 an immediate family member of the adult with a disability;(2) A person directly pro…
RCW 11.130.735 Access of supporter to personal information.
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(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, …
RCW 11.130.740 Execution of agreement.
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(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 witn…
RCW 11.130.745 Form.
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(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 AGREEMENTAppointment of SupporterI, ..... (name of supported adult), make this agreement of my own free will.I…
RCW 11.130.750 Reliance on agreement—Limitation of liability.
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*** CHANGE IN 2026 *** (SEE 5837-S.SL) ***(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 …
RCW 11.130.755 Reporting of suspected abuse, abandonment, neglect, exploitation.
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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), …
RCW 11.130.900 Uniformity of application and construction.
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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.]
RCW 11.130.905 Relation to electronic signatures in global and national commerce act.
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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…
RCW 11.130.910 Applicability.
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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 guardia…
RCW 11.130.915 Effective date—2020 c 312; 2019 c 437.
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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 Ja…