Title 11 — Title 11 PROBATE AND TRUST LAW

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 incapacit…

This chapter may be cited as the uniform guardianship, conservatorship, and other protective arrangements act.[ 2019 c 437 s 101.]

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 adul…

Unless displaced by a particular provision of this chapter, the principles of law and equity supplement its provisions.[ 2019 c 437 s 103.]

(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 …

(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 c…

(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 g…

(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 th…

For the purposes of this chapter, an adult is presumed to have legal capacity.[ 2020 c 312 s 226.]Notes:Effective dates—2020 c 312: See note following RCW 11.130.915.

(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 …

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.]

(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-gu…

(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 succ…

(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 re…

(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 or…

(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 conservat…

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 in…

(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 arran…

(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, neg…

(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 establis…

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.]

(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 rei…

(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 i…

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.]

(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…

(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 inva…

(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 gu…

(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 gua…

(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…

(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 o…

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 m…

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 …

(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…

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 th…

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 dollar…

(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 necessar…

For guardianships involving veterans see chapter 73.36 RCW.[ 2019 c 437 s 135.]

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 t…

(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 inform…

(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, relati…

(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 i…

(1) The court is not required, but may appoint an attorney to represent a minor who is the subject of a proceeding under RCW 11.130.190 if:(a) Requested by the minor and the minor is twelve years of age or older;(b) Recommended by a guardian ad litem; or(c) The court determines t…

(1) The court shall allow a minor who is the subject of a hearing under RCW 11.130.195 to attend the hearing and allow the minor to participate in the hearing unless the court determines that:(a) The minor lacks the ability or maturity to participate meaningfully in the hearing; …

(1) Before granting any order under this chapter, the court must consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child.(2) Before entering a final order, the court must:…

(1) After a hearing under RCW 11.130.195, the court may appoint a guardian for a minor, if appointment is proper under RCW 11.130.185, dismiss the proceeding, or take other appropriate action consistent with this chapter or law of this state other than this chapter.(2) In appoint…

(1) A standby guardian appointed under this section may act as guardian, with all duties and powers of a guardian under RCW 11.130.230 and 11.130.235, when no parent of the minor is willing or able to exercise the duties and powers granted to the guardian.(2) A parent of a minor,…

(1) On its own, on motion when a guardianship petition is filed under RCW 11.130.190, or on petition by a person interested in a minor's welfare, including the minor, the court may appoint an emergency guardian for the minor if the court finds:(a) Appointment of an emergency guar…

(1) A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare. A guardian shall act in the minor's best intere…

(1) Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor's support, care, education, health, safety, and welfare.(2) Except as otherwise limited by court order, a guardian for a minor may:(a) Apply for …

(1) Guardianship under this chapter for a minor terminates:(a) On the minor's death, adoption, emancipation, or attainment of majority; or(b) When the court finds that the basis in RCW 11.130.185 for appointment of a guardian no longer exists, unless the court finds that:(i) Term…