Title 11, PROBATE AND TRUST LAW

(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 conserva…

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 arr…

(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,…

(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 re…

(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 cour…

(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 inv…

(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 g…

(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 info…

(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, relat…

(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 …

(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 determine…

(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 appoin…

(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 gua…

(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 fo…

(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) T…

(1) This chapter does not affect the validity of any court order issued under chapter 26.10 RCW prior to the repeal of chapter 26.10 RCW. Orders issued under chapter 26.10 RCW prior to the repeal of chapter 26.10 RCW, remain in effect and do not need to be reissued in a new order…

(1) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in RCW 13.38.040. If the child is an Indian child, chapter 13.38 RCW shall apply. (2) Every order or decree entered in any proce…

In entering or modifying an order under this chapter, the court may order one or more parents of the child to pay an amount reasonable or necessary for the child's support pursuant to chapter 26.19 RCW. [ 2019 c 437 s 215.]

(1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested. (2) In a proceeding under this cha…

Any order for the relocation of a minor under a guardianship must comply with the notice requirements of RCW 26.09.430 through 26.09.490. [ 2020 c 312 s 122.] Notes: Effective dates—2020 c 312: See note following RCW 11.130.915.

(1) In entering or modifying a custody order under this chapter, the court must require one or more parents to maintain or provide health insurance coverage for any dependent child if the following conditions are met: (a) Health insurance that can be extended to cover the child i…

(1) On petition and after notice and hearing, the court may: (a) Appoint a guardian for an adult if the court finds by clear and convincing evidence that: (i) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the res…

(1) A person interested in an adult's welfare, including the adult for whom the order is sought, may petition for appointment of a guardian for the adult. (2) A person interested in the welfare of a minor who, within 45 days of the filing of the petition, will attain the age of m…

(1) All petitions filed under RCW 11.130.270 for appointment of a guardian for an adult shall be heard within 60 days unless an extension of time is requested by a party or the court visitor within such 60-day period and granted for good cause shown. If an extension is granted, t…

(1) On receipt of a petition under RCW 11.130.270 for appointment of a guardian for an adult, 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 petition. (2)…