Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.90.010 Short title.
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This chapter may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.[ 2009 c 81 s 1.]Notes:Effective date—2009 c 81: "This act takes effect January 1, 2010." [ 2009 c 81 s 24.]
RCW 11.90.020 Definitions.
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In this chapter:(1) "Adult" means an individual who has attained eighteen years of age.(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 11.130 RCW, and includes a conservator appointed by th…
RCW 11.90.030 Foreign country treatment.
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A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.[ 2009 c 81 s 3.]Notes:Effective date—2009 c 81: See note following RCW 11.90.010.
RCW 11.90.040 Communications with out-of-state courts.
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(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a …
RCW 11.90.050 Requests between in-state and out-of-state courts.
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(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:(a) Hold an evidentiary hearing;(b) Order a person in that state to produce evidence or give testimony pursuant to pro…
RCW 11.90.060 Testimony and documentary evidence from another state.
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(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…
RCW 11.90.200 Definitions.
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(1) In this chapter:(a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the responden…
RCW 11.90.210 Exclusive jurisdictional basis.
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This chapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult under chapter 11.130 RCW.[ 2020 c 312 s 712; 2009 c 81 s 8.]Notes:Effective dates—2020 c 312: See note following RCW 11.130.915.Effect…
RCW 11.90.220 Appointing a guardian or issuing a protective order.
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A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:(1) This state is the respondent's home state;(2) On the date the petition is filed, this state is a significant-connection state and:(a) The respondent does not have a ho…
RCW 11.90.230 Special jurisdiction.
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(1) A court of this state lacking jurisdiction under RCW 11.90.220 has special jurisdiction to do any of the following:(a) Appoint a guardian in an emergency for a term not exceeding sixty days for a respondent who is physically present in this state;(b) Issue a protective order …
RCW 11.90.240 Exclusive jurisdiction for court appointing a guardian or issuing a protective order.
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Except as otherwise provided in RCW 11.90.230, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by …
RCW 11.90.250 In-state court declining jurisdiction.
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(1) A court of this state having jurisdiction under RCW 11.90.220 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.(2) If a court of this state decline…
RCW 11.90.260 Jurisdiction required by unjustifiable conduct.
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(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:(a) Decline to exercise jurisdiction;(b) Exercise jurisdiction for the limited purpose of fashioning…
RCW 11.90.270 Notice of petition requirements when not respondent's home state on filing date.
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If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…
RCW 11.90.280 Rules when guardian appointment or protective order petition is filed in Washington and another state.
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Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under RCW 11.90.230(1) (a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in thi…
RCW 11.90.400 Procedure for transfer of guardianship or conservatorship to an out-of-state court.
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(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.(2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition …
RCW 11.90.410 Procedures for transfer of guardianship or conservatorship to Washington.
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(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to RCW 11.90.400, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified…
RCW 11.90.420 Registering out-of-state guardianship.
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If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…
RCW 11.90.430 Registering an out-of-state protective order.
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If a guardian of the estate or conservator has been appointed in another state and a petition for a protective order is not pending in this state, the guardian of the estate or conservator appointed in the other state, after giving notice to the appointing court of an intent to r…
RCW 11.90.440 Enforcement of guardianship or protective order from another state.
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(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceeding…
RCW 11.90.450 Uniformity.
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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.[ 2009 c 81 s 21.]Notes:Effective date—2009 c 81: See note following RCW 11.90.010.
RCW 11.90.460 Application of the federal electronic signatures in global and national commerce act.
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This chapter modifies, limits, and supersedes the federal 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. 7001(c), or authorize electronic delivery of any of th…
RCW 11.90.470 Application.
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(1) This chapter applies to guardianship and protective proceedings filed on or after January 1, 2010.(2) RCW 11.90.010 through 11.90.060 and 11.90.400 through 11.90.460 apply to proceedings filed before January 1, 2010, regardless of whether a guardianship or protective order ha…