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IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON Inthe Matter ofthe Guardianship of SPENCER DOLDER, An Incapacitated Person. ALIXANDRA LIBIN, Appellant,

v. STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Respondent. No. 66853-6-1

DIVISION ONE

UNPUBLISHED OPINION

FILED: March 4, 2013 Per Curiam

- Alixandra Libinappeals a vulnerable adult protection order entered on behalfofher developmentally disabled son, Spencer Dolder. She 

### primarilychallenges a guardianship order entered prior to the protection order. Because Libin did not timely appeal the guardianship order, and because the protection order expired on February 18, 2012, we dismiss her appeal as moot. InJuly 2010, the Department of Social and Health Services filed a 

### guardianship petition on Spencer's behalfinSkagit County Superior Court. The 

### court appointed a guardian ad litem who performed an investigation and prepared a report for the court. The report concluded that Libin was not the bestNo. 66853-6-1/2
person to serve as Spencer's guardian and instead recommended a professional guardian. On January 7, 2011, following a hearing, the court entered an "Order 

### Appointing Guardian." The courtfound Spencerto be an incapacitated person under RCW 11.88 and appointed the guardian recommended by the guardian ad litem. Libin attended the hearing and provided an oral statementto the court. 

### She was not a party to the proceedings, however, and did notappeal the court's order. 

### On February 18, 2011, the court granted the Department's separate 

### petition under a separate cause number for a vulnerable adultprotection order. The order limited Libin's contact with Spencerto supervised visits. The court 

### also consolidated the protection and guardianship causes under the guardianship
cause number. This order was entered afterthe time for appealing the January 7, 2011 order had expired. 

### On March 17, 2011, Libin timelyappealed the February 18, 2011 

### protection order. Hernotice of appeal stated that she soughtreview "ofthe Vulnerable Adult Protection Order. . . which is based on inaccurate allegations in 

### the Petition For Guardianship." The notice did not purport to seek review of the January, 2011 order appointingSpencer's guardian. DECISION 

### Libin's arguments on appeal are devoted almostentirelyto the 

### unappealed orderappointing aguardian and not to the order ofprotection referenced in her notice of appeal. The Departmentcontends the appeal mustNo. 66853-6-1/3 

### be dismissed because Libin did not appeal the guardianship order and her appeal of the protection order is moot. We agree with the Department. An order appointing a guardian isappealable as a matter ofright. RAP 

### 2.2(a)(7). It isundisputed thatLibin did nottimely appeal the orderappointing the guardian and that the protection order she did appeal expired on February 18, 2012. The Department correctly points out that the appeal from the expired order is therefore moot because this court cannot afford Libin effective relief.1 

### Libin offers no persuasive basis for concluding otherwise. Libin also asks this court to excuse her failure to timely appeal the order appointing a guardian because she made unsuccessful efforts to secure counsel and was forced to handle her appeal pro se. Such circumstances do not, however, demonstrate the "extraordinary circumstances" required for an 

### extension of time to file a notice ofappeal. RAP 18.8(b). Pro se litigants are held to the same standards as attorneys and must comply with all procedural 

### rules. In reMarriage ofOlson. 69Wn. App. 621, 626, 850P.2d 527 (1993).2 In light ofthe above, we need not reach the Department's motion to strike
or Libin's motion to supplement the record. The appeal is dismissed as moot. 

# fa.T. °
1Burdv. Clarke. 152Wi^JApp. 970, 973, 219 P.3d 950 (2009). 2We notethatLibin is notwithout remedies. Under RCW 11.88.120(2), she may move at any time "to modify or terminate a guardianship or to replace a guardian."