RCW 11.130.380
Appointment and role of court visitor.
(1) If the respondent in a proceeding to appoint a conservator is a minor, the court may appoint a court visitor to investigate a matter related to the petition or inform the minor or a parent of the minor about the petition or a related matter.
(2) If the respondent in a proceeding to appoint a conservator is an adult, the court shall appoint a court visitor. The duties and reporting requirements of the court visitor are limited to the relief requested in the petition. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the petition.
(3) The court, in the order appointing court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. The fee shall be charged to the person subject to a guardianship or conservatorship proceeding unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That the court may charge such fee to the petitioner, the person subject to a guardianship or conservatorship proceeding, or any person who has appeared in the action; or may allocate the fee, as it deems just. If the petition is found to be frivolous or not brought in good faith, the court visitor fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.
(4)(a) The court visitor appointed under subsection (1) or (2) of this section shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, the respondent or his or her legal counsel, the petitioner or his or her legal counsel, and any interested party entitled to notice under RCW 11.130.080
with a statement including: His or her training relating to the duties as a court visitor; his or her criminal history as defined in RCW 9.94A.030
for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the court visitor has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the court visitor's statement, any party may set a hearing and file and serve a motion for an order to show cause why the court visitor should not be removed for one of the following three reasons:
(i) Lack of expertise necessary for the proceeding;
(ii) An hourly rate higher than what is reasonable for the particular proceeding; or
(iii) A conflict of interest.
(b) Notice of the hearing shall be provided to the court visitor and all parties. If, after a hearing, the court enters an order replacing the court visitor, findings shall be included, expressly stating the reasons for the removal. If the court visitor is not removed, the court has the authority to assess to the moving party attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.
(5) A court visitor appointed under subsection (2) of this section for an adult shall interview the respondent in person and in a manner the respondent is best able to understand:
(a) Explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing on the petition, the right to counsel of choice and to a jury trial, and the general powers and duties of a conservator;
(b) Determine whether the respondent would like to request the appointment of an attorney, and determine the respondent's views about the appointment sought by the petitioner, including views about a proposed conservator, the conservator's proposed powers and duties, and the scope and duration of the proposed conservatorship; and
(c) Inform the respondent that all costs and expenses of the proceeding, including respondent's attorneys' fees, may be paid from the respondent's assets.
(6) If the respondent objects to the petition or requests appointment of an attorney, the court visitor shall petition the court to have an attorney appointed within five days of meeting the respondent.
(7) A court visitor appointed under subsection (2) of this section for an adult shall:
(a) Interview the petitioner and proposed conservator, if any;
(b) Review financial records of the respondent, if relevant to the court visitor's recommendation under subsection (8)(b) of this section;
(c) Investigate whether the respondent's needs could be met by a protective arrangement instead of conservatorship or other less restrictive alternative and, if so, identify the arrangement or other less restrictive alternative; and
(d) Investigate the allegations in the petition and any other matter relating to the petition the court directs.
(8) A court visitor appointed under subsection (2) of this section for an adult shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.080
at least fifteen days prior to the hearing on the petition filed under RCW 11.130.365, which must include:
(a) A recommendation:
(i) Regarding the appropriateness of conservatorship, or whether a protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's needs is available;
(ii) If a conservatorship is recommended, whether it should be full or limited;
(iii) If a limited conservatorship is recommended, the powers to be granted to the conservator, and the property that should be placed under the conservator's control; and
(iv) If a conservatorship is recommended, the amount of the bond or other verified receipt needed under RCW 11.130.445
and
11.130.500
;
(b) A statement of the qualifications of the proposed conservator and whether the respondent approves or disapproves of the proposed conservator;
(c) A statement whether the respondent declined a professional evaluation under RCW 11.130.390
and what other information is available to determine the respondent's needs and abilities without the professional evaluation;
(d) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
(e) A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and
(f) Any other matter the court directs.
(9) The appointment of a court visitor has no effect on the determination of the adult respondent's legal capacity and does not overcome the presumption of legal capacity or full legal and civil rights of the adult respondent.
[
2024 c 267 s 9
;
2020 c 312 s 310
;
2019 c 437 s 405
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.385
Appointment and role of attorney.
(1)(a) The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in conservatorship proceedings. Any attorney purporting to represent a respondent or person subject to conservatorship shall petition the court to be appointed to represent the respondent or person subject to conservatorship.
(b) Unless the respondent in a proceeding for appointment of a conservator is represented by an attorney, the court is not required, but may appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, except as provided otherwise in (c) of this subsection.
(c)(i) The court must appoint an attorney to represent the respondent at public expense when either:
(A) The respondent is unable to afford an attorney;
(B) The expense of an attorney would result in substantial hardship to the respondent; or
(C) The respondent does not have practical access to funds with which to pay an attorney. If the respondent can afford an attorney but lacks practical access to funds, the court must provide an attorney and may impose a reimbursement requirement as part of a final order.
(ii) When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent.
(iii) An attorney must be provided under this subsection (1)(c) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation.
(2) An attorney representing the respondent in a proceeding for appointment of a conservator shall:
(a) Make reasonable efforts to ascertain the respondent's wishes;
(b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and
(c) If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive in type, duration, and scope, consistent with the respondent's interests.
(3) The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.365
if:
(a) The parent objects to appointment of a conservator;
(b) The court determines that counsel is needed to ensure that consent to appointment of a conservator is informed; or
(c) The court otherwise determines the parent needs representation.
[
2020 c 312 s 211
;
2019 c 437 s 406
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.390
Professional evaluation.
(Effective until June 30, 2027.)
(1) On receipt of a petition under RCW 11.130.360
and at the time the court appoints a court visitor under RCW 11.130.380, 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
or
18.57
RCW, psychologist licensed under chapter
18.83
RCW, *advanced registered nurse practitioner licensed under chapter
18.79
RCW, or physician assistant licensed under chapter
18.71A
RCW, selected by the court visitor who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. If the respondent opposes the professional selected by the court visitor, the court visitor shall obtain a professional evaluation from the professional selected by the respondent. The court visitor, after receiving a professional evaluation from the individual selected by the respondent, may obtain a supplemental evaluation from a different professional.
(3) The individual conducting the evaluation shall promptly provide the completed evaluation report to the court visitor who shall file the report in a sealed record with the court. Unless otherwise directed by the court, the report must contain:
(a) The professional's name, address, education, and experience;
(b) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations with regard to the management of the respondent's property and financial affairs;
(c) An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;
(d) A prognosis for improvement with regard to the ability to manage the respondent's property and financial affairs;
(e) A description of the respondent's current medications, and the effect of the medications on the respondent's cognitive and functional abilities;
(f) Identification or persons with whom the professional has met or spoken with regarding the respondent; and
(g) The date of the examination on which the report is based.
(4) If the respondent declines to participate in an evaluation ordered under subsection (1) of this section, the court may proceed with the hearing under RCW 11.130.370
if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
(5) A professional evaluation is not required if a petition for appointment of a conservator under RCW 11.130.360
is for a conservator for the property or financial affairs of a minor or for an adult missing, detained, or unable to return to the United States.
[
2020 c 312 s 212
;
2019 c 437 s 407
.]
NOTES:
*Reviser's note:
The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
PDF
RCW 11.130.390
Professional evaluation.
(Effective June 30, 2027.)
(1) On receipt of a petition under RCW 11.130.360
and at the time the court appoints a court visitor under RCW 11.130.380, 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
or
18.57
RCW, psychologist licensed under chapter
18.83
RCW, advanced practice registered nurse licensed under chapter
18.79
RCW, or physician assistant licensed under chapter
18.71A
RCW, selected by the court visitor who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. If the respondent opposes the professional selected by the court visitor, the court visitor shall obtain a professional evaluation from the professional selected by the respondent. The court visitor, after receiving a professional evaluation from the individual selected by the respondent, may obtain a supplemental evaluation from a different professional.
(3) The individual conducting the evaluation shall promptly provide the completed evaluation report to the court visitor who shall file the report in a sealed record with the court. Unless otherwise directed by the court, the report must contain:
(a) The professional's name, address, education, and experience;
(b) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations with regard to the management of the respondent's property and financial affairs;
(c) An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;
(d) A prognosis for improvement with regard to the ability to manage the respondent's property and financial affairs;
(e) A description of the respondent's current medications, and the effect of the medications on the respondent's cognitive and functional abilities;
(f) Identification or persons with whom the professional has met or spoken with regarding the respondent; and
(g) The date of the examination on which the report is based.
(4) If the respondent declines to participate in an evaluation ordered under subsection (1) of this section, the court may proceed with the hearing under RCW 11.130.370
if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
(5) A professional evaluation is not required if a petition for appointment of a conservator under RCW 11.130.360
is for a conservator for the property or financial affairs of a minor or for an adult missing, detained, or unable to return to the United States.
[
2025 c 58 s 5068
;
2020 c 312 s 212
;
2019 c 437 s 407
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.400
Attendance and rights at hearing.
(1) Except as otherwise provided in subsection (2) of this section, a hearing under RCW 11.130.370
may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology.
(2) A hearing under RCW 11.130.370
may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:
(a) The respondent consistently and repeatedly has refused to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so;
(b) There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services or technological assistance; or
(c) The respondent is a minor who has received proper notice and attendance would be harmful to the minor.
(3) The respondent may be assisted in a hearing under RCW 11.130.370
by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
(4) The respondent has a right to choose an attorney to represent the respondent at a hearing under RCW 11.130.370
.
(5) At a hearing under RCW 11.130.370, the respondent may:
(a) Present evidence and subpoena witnesses and documents;
(b) Examine witnesses, including any court-appointed evaluator and the visitor; and
(c) Otherwise participate in the hearing.
(6) Unless excused by the court for good cause, a proposed conservator shall attend a hearing under RCW 11.130.370
.
(7) A hearing under RCW 11.130.370
must be closed on request of the respondent and a showing of good cause.
(8) Any person may request to participate in a hearing under RCW 11.130.370
. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
[
2019 c 437 s 408
.]
RCW 11.130.410
Confidentiality of records.
(1) The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after:
(a) The respondent, the individual subject to conservatorship, or the parent of a minor subject to conservatorship requests the record be sealed; and
(b) Either:
(i) The petition for conservatorship is dismissed; or
(ii) The conservatorship is terminated.
(2) An individual subject to a proceeding for a conservatorship, whether or not a conservator is appointed, an attorney designated by the individual, and a person entitled to notice under RCW 11.130.420
(6) or a subsequent order may access court records of the proceeding and resulting conservatorship, including the conservator's plan under RCW 11.130.510
and the conservator's report under RCW 11.130.530
. A person not otherwise entitled access to court records under this section for good cause may petition the court for access to court records of the conservatorship, including the conservator's plan and report. The court shall grant access if access is in the best interest of the respondent or individual subject to conservatorship or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
(3) A report under RCW 11.130.380
of a court visitor or professional evaluation under RCW 11.130.390
is confidential and must be sealed on filing, but is available to:
(a) The court;
(b) The individual who is the subject of the report or evaluation, without limitation as to use;
(c) The petitioner, court visitor, petitioner's and respondent's attorneys, and proposed guardians, for purposes of the proceeding;
(d) Unless the court directs otherwise, an agent appointed under a power of attorney for finances in which the respondent is identified as the principal; and
(e) Any other person if it is in the public interest or for a purpose the court orders for good cause.
[
2020 c 312 s 213
;
2019 c 437 s 409
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.415
Who may be conservator
—
Order of priority.
(1) Except as otherwise provided in subsection (3) of this section, the court in appointing a conservator shall consider persons qualified to be a conservator in the following order of priority:
(a) A conservator, other than a temporary or emergency conservator, currently acting for the respondent in another jurisdiction;
(b) A person nominated as conservator by the respondent, including the respondent's most recent nomination made in a power of attorney for finances;
(c) An agent appointed by the respondent to manage the respondent's property under a power of attorney for finances;
(d) A spouse or domestic partner of the respondent;
(e) A relative or other individual who has shown special care and concern for the respondent; and
(f) A certified professional guardian or conservator or other entity the court determines is suitable.
(2) If two or more persons have equal priority under subsection (1) of this section, the court shall select as conservator the person the court considers best qualified. In determining the best qualified person, the court shall consider the person's relationship with the respondent, the person's skills, the expressed wishes of the respondent, the extent to which the person and the respondent have similar values and preferences, and the likelihood the person will be able to perform the duties of a conservator successfully.
(3) The court, acting in the best interest of the respondent, may decline to appoint as conservator a person having priority under subsection (1) of this section and appoint a person having a lower priority or no priority.
(4) A person that provides paid services to the respondent, or an individual who is employed by a person that provides paid services to the respondent or is the spouse, domestic partner, parent, or child of an individual who provides or is employed to provide paid services to the respondent, may not be appointed as conservator unless:
(a) The individual is related to the respondent by blood or law; or
(b) The court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent.
(5) An owner, operator, or employee of a long-term care facility at which the respondent is receiving care may not be appointed as conservator unless the owner, operator, or employee is related to the respondent by blood or law.
[
2020 c 312 s 214
;
2019 c 437 s 410
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.420
Order of appointment of conservator.
(1) A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor.
(2) A court order appointing a conservator for a minor may dispense with the requirement for the conservator to file reports with the court under RCW 11.130.530
if all the property of the minor subject to the conservatorship is protected by a verified receipt.
(3) A court order appointing a conservator for an adult must:
(a) Include a specific finding that clear and convincing evidence has established that the identified needs of the respondent cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternatives, including use of appropriate supportive services, technological assistance, or supported decision making; and
(b) Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition.
(4) A court order establishing a full conservatorship for an adult must state the basis for granting a full conservatorship and include specific findings to support the conclusion that a limited conservatorship would not meet the functional needs of the adult.
(5) A court order establishing a limited conservatorship must state the specific property placed under the control of the conservator and the powers granted to the conservator.
(6) The court, as part of an order establishing a conservatorship, shall identify any person that subsequently is entitled to:
(a) Notice of the rights of the individual subject to conservatorship under *RCW 11.130.425
(2);
(b) Notice of a sale of or surrender of a lease to the primary dwelling of the individual;
(c) Notice that the conservator has delegated a power that requires court approval under RCW 11.130.435
or substantially all powers of the conservator;
(d) Notice that the conservator will be unavailable to perform the conservator's duties for more than one month;
(e) A copy of the conservator's plan under RCW 11.130.510
and the conservator's report under RCW 11.130.530
;
(f) Access to court records relating to the conservatorship;
(g) Notice of a transaction involving a substantial conflict between the conservator's fiduciary duties and personal interests;
(h) Notice of the death or significant change in the condition of the individual;
(i) Notice that the court has limited or modified the powers of the conservator; and
(j) Notice of the removal of the conservator.
(7) If an individual subject to conservatorship is an adult, the spouse, domestic partner, and adult children of the adult subject to conservatorship are entitled under subsection (6) of this section to notice unless the court orders otherwise based on good cause. Good cause includes the court's determination that notice would be contrary to the preferences or prior directions of the adult subject to conservatorship.
(8) If an individual subject to conservatorship is a minor, each parent and adult sibling of the minor is entitled under subsection (6) of this section to notice unless the court determines notice would not be in the best interest of the minor.
(9) All orders establishing a conservatorship for an adult must contain:
(a) A conservatorship summary placed directly below the case caption or on a separate cover page in the form or substantially the same form as set forth in RCW 11.130.665
;
(b) The date which the limited conservator or conservator must file the conservator's plan under RCW 11.130.510
;
(c) The date which the limited conservator or conservator must file an inventory under RCW 11.130.515
;
(d) The date by which the court will review the conservator's plan as required by RCW 11.130.510
;
(e) The report interval which the conservator must file its report under RCW 11.130.530
. The report interval may be annual, biennial, or triennial;
(f) The date the limited conservator or conservator must file its report under RCW 11.130.530
. The due date of the filing of the report shall be within ninety days after the anniversary date of the appointment;
(g) The date for the court to review the report under RCW 11.130.530
and enter its order. The court shall conduct the review within one hundred twenty days after the anniversary date of the appointment.
[
2020 c 312 s 215
;
2019 c 437 s 411
.]
NOTES:
*Reviser's note:
RCW 11.130.425
was amended by 2024 c 267 s 10, changing subsection (2) to subsection (1).
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.425
Notice of order of appointment
—
Rights.
(1) Not later than thirty days after appointment of a conservator under RCW 11.130.420, the conservator shall give to the individual subject to conservatorship and any other person entitled to notice under RCW 11.130.420
(6) and (7) a copy of the order of appointment and a statement of the rights of the individual subject to conservatorship and procedures to seek relief if the individual is denied those rights. The statement must be in plain language, in at least sixteen-point font, and to the extent feasible, in a language in which the individual subject to conservatorship is proficient. The statement must notify the individual subject to conservatorship of the right to:
(a) Seek termination or modification of the conservatorship, or removal of the conservator, and choose an attorney to represent the individual in these matters;
(b) Participate in decision making to the extent reasonably feasible;
(c) Receive a copy of the conservator's plan under RCW 11.130.510, the conservator's inventory under RCW 11.130.515, and the conservator's report under RCW 11.130.530
; and
(d) Object to the conservator's inventory, plan, or report.
(2) If a conservator is appointed for the reasons stated in RCW 11.130.360
(2)(a)(ii) and the individual subject to conservatorship is missing, notice under this section to the individual is not required.
[
2024 c 267 s 10
;
2020 c 312 s 216
;
2019 c 437 s 412
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.430
Emergency conservator.
(1) A person interested in an individual's welfare, including the individual for whom the order is sought, may petition for appointment of an emergency conservator for the individual.
(2) An emergency petition under subsection (1) of this section must state the petitioner's name, principal residence, and current street address, if different, and, to the extent known, the following:
(a) The respondent's name, age, principal residence, and current street address, if different;
(b) The name and address of the respondent's:
(i) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the twelve-month period immediately before the filing of the emergency petition;
(ii) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and
(iii) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the emergency petition;
(c) The name and current address of each of the following, if applicable:
(i) A person responsible for care of the respondent;
(ii) Any attorney currently representing the respondent;
(iii) Any representative payee appointed by the social security administration for the respondent;
(iv) A guardian or conservator acting for the respondent in this state or in another jurisdiction;
(v) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
(vi) Any fiduciary for the respondent appointed by the department of veterans affairs;
(vii) Any representative payee or authorized representative or protective payee;
(viii) An agent designated under a power of attorney for health care in which the respondent is identified as the principal;
(ix) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;
(x) A person nominated as conservator by the respondent;
(xi) A person nominated as conservator by the respondent's parent or spouse or domestic partner in a will or other signed record;
(xii) A proposed emergency conservator, and the reason the proposed emergency conservator should be selected; and
(xiii) A person known to have routinely assisted the respondent with decision making during the six months immediately before the filing of the emergency petition;
(d) The reason an emergency conservatorship is necessary, including a specific description of:
(i) The nature and extent of the emergency situation;
(ii) The nature and extent of the individual's alleged emergency need that arose because of the emergency situation;
(iii) The substantial and irreparable harm to the individual's property or financial interests that is likely to be prevented by the appointment of an emergency conservator;
(iv) All protective arrangements or other less restrictive alternatives that have been considered or implemented to meet the individual's alleged emergency needs instead of emergency conservatorship;
(v) If no protective arrangements or other less restrictive alternatives have been considered or implemented instead of emergency conservatorship, the reason they have not been considered or implemented; and
(vi) The reason a protective arrangement or other less restrictive alternative instead of emergency conservatorship is insufficient to meet the individual's alleged emergency need;
(e) The reason the petitioner believes that a basis for appointment of a conservator under RCW 11.130.360
exists;
(f) Whether the petitioner intends to also seek conservatorship for an individual under RCW 11.130.365
;
(g) The reason the petitioner believes that no other person appears to have authority and willingness to act to address the individual's identified needs caused by the emergency circumstances;
(h) The specific powers to be granted to the proposed emergency conservator and a description of how those powers will be used to meet the individual's alleged emergency need;
(i) If the individual has property other than personal effects, a general statement of the individual's property, with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts; and
(j) Whether the individual needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings.
(3) The requirements of RCW 11.130.090
apply to an emergency conservator appointed for an individual with the following exceptions for any proposed emergency conservator required to complete the training under RCW 11.130.090
:
(a) The proposed emergency conservator shall present evidence of the successful completion of the required training video or web cast to the court no later than the hearing on the petition for appointment of an emergency conservator for an individual; and
(b) The superior court may defer the completion of the training requirement to a date no later than fourteen days after appointment if the petitioner requests an extension of time to complete the training due to emergent circumstances beyond the control of the petitioner.
(4) On its own or on petition for appointment of an emergency conservator for an individual after a petition has been filed under RCW 11.130.365, the court may appoint an emergency conservator for the individual if the court makes specific findings based on clear and convincing evidence that:
(a) An emergency exists such that appointment of an emergency conservator is likely to prevent substantial and irreparable harm to the individual's property or financial interests;
(b) The individual's identified needs caused by the emergency cannot be met by a protective arrangement or other less restrictive alternative instead of emergency conservatorship;
(c) No other person appears to have authority and willingness to act to address the individual's identified needs caused by the emergency circumstances; and
(d) There is reason to believe that a basis for appointment of a conservator under RCW 11.130.360
exists.
(5) If the court acts on its own to appoint an emergency conservator after a petition has been filed under RCW 11.130.365, all requirements of this section shall be met.
(6) A court order appointing an emergency conservator for an individual shall:
(a) Grant only the specific powers necessary to meet the individual's identified emergency need and to prevent substantial and irreparable harm to the individual's property or financial interests;
(b) Include a specific finding that clear and convincing evidence established that an emergency exists such that appointment of an emergency conservator is likely to prevent substantial and irreparable harm to the individual's property or financial interests;
(c) Include a specific finding that the identified emergency need of the individual cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternative, including any relief available under chapter
74.34
RCW or use of appropriate supportive services, technological assistance, or supported decision making;
(d) Include a specific finding that clear and convincing evidence established the adult respondent was given proper notice of the hearing on the petition;
(e) State that the individual subject to emergency conservatorship retains all rights the individual enjoyed prior to the emergency conservatorship with the exception of the rights not retained during the period of emergency conservatorship;
(f) Require the emergency conservator to furnish a bond or other security under RCW 11.130.445
;
(g) Include the date that the sixty-day period of emergency conservatorship ends, and the date the emergency conservator's report, required by this section, is due to the court; and
(h) Identify any person or notice party that subsequently is entitled to:
(i) Notice of the rights of the individual;
(ii) Notice of a change in the primary dwelling of the individual;
(iii) Notice of the removal of the conservator;
(iv) A copy of the emergency conservator's plan and the emergency conservator's report under this section;
(v) Access to court records relating to the emergency conservatorship;
(vi) Notice of the death or significant change in the condition of the individual;
(vii) Notice that the court has limited or modified the powers of the emergency conservator; and
(viii) Notice of the removal of the emergency conservator.
(7) A spouse, a domestic partner, and adult children of an adult subject to emergency conservatorship are entitled to notice under this section unless the court orders otherwise based on good cause. Good cause includes the court's determination that notice would be contrary to the preferences or prior directions of the individual subject to emergency conservatorship or in the best interest of the individual.
(8) The duration of authority of an emergency conservator may not exceed sixty days and the emergency conservator may exercise only the powers specified in the order of appointment. Upon a motion by the emergency conservator, with notice served upon all applicable notice parties, the emergency conservator's authority may be extended once for not more than sixty days if the court finds that the conditions for appointment of an emergency conservator under subsection (4) of this section continue.
(9) Immediately on filing of a petition for an emergency conservator for an adult, the court shall appoint an attorney to represent the adult in the proceeding. An order appointing an emergency conservator for an adult may not be entered unless the adult respondent, the adult respondent's attorney, and the court visitor appointed under subsection (10) of this section have received a minimum of fourteen days' notice of the date, time, and place of a hearing on the petition. The petitioner must personally serve a copy of the emergency petition and notice of a hearing on the petition on the adult respondent, the adult respondent's attorney, and the court visitor appointed under subsection (10) of this section not more than two court days after the petition has been filed. The notice must inform the respondent of the adult respondent's rights at the hearing, including the right to an attorney and to attend the hearing. The notice must include a description of the nature, purpose, and consequences of granting the emergency petition. The court shall not grant the emergency petition if notice substantially complying with this subsection is not served on the respondent.
(10)(a) On receipt of a petition for appointment of emergency conservator for an individual, the court:
(i) Shall appoint a court visitor if an emergency conservator is sought for an adult; or
(ii) May appoint a court visitor if an emergency conservator is sought for a minor.
(b) Notice of appointment of the court visitor must be served upon the court visitor within two days of appointment by the petitioner. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the emergency petition. The court, in the order appointing a court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval.
(c) The court visitor shall within two days of service of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, the respondent or the respondent's legal counsel, the petitioner or the petitioner's legal counsel, and any notice party with a statement including the court visitor's: Training relating to the duties as a court visitor; criminal history as defined in RCW 9.94A.030
for the period covering ten years prior to the appointment; hourly rate, if compensated; contact, if any, with a party to the proceeding prior to appointment; and apparent or actual conflicts of interest.
(d) A court visitor appointed under this section shall use due diligence to attempt to interview the adult respondent in person and, in a manner the individual is best able to understand:
(i) Explain to the adult respondent the substance of the emergency petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing on the petition, and the proposed specific powers and duties of the proposed conservator as stated in the emergency petition;
(ii) Determine the adult respondent's views about the emergency appointment sought by the petitioner, including views about a proposed emergency conservator, the emergency conservator's proposed powers and duties, and the scope and duration of the proposed emergency conservatorship; and
(iii) Inform the adult respondent that all costs and expenses of the proceeding, including but not limited to the adult respondent's attorneys' fees, the appointed conservator's fees, and the appointed conservator's attorneys' fees, will be paid from the individual's assets upon approval by the court.
(e) The court visitor appointed under this section shall:
(i) Interview the petitioner and proposed emergency conservator;
(ii) Use due diligence to attempt to visit the adult respondent's present dwelling;
(iii) Use due diligence to attempt to obtain information from any physician or other person known to have treated, advised, or assessed the adult respondent's relevant physical or mental condition; and
(iv) Investigate the allegations in the emergency petition and any other matter relating to the emergency petition the court directs.
(f) A court visitor appointed under this section shall file a report in a record with the court and provide a copy of the report to the petitioner, the adult subject to the emergency conservatorship, and any notice party at least seven days prior to the hearing on the emergency petition, which must include:
(i) A recommendation regarding the appropriateness of emergency conservatorship, including whether a protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's needs is available, and if an emergency conservatorship is recommended;
(ii) A detailed summary of the alleged emergency and the substantial and irreparable harm to the individual's property or finances that is likely to be prevented by the appointment of an emergency conservator;
(iii) A statement as to whether the alleged emergency and the respondent's alleged needs are likely to require an extension of sixty days as authorized under this section;
(iv) The specific powers to be granted to the emergency conservator and how the specific powers will address the alleged emergency and the respondent's alleged need;
(v) A recommendation regarding the appropriateness of an ongoing conservatorship for an individual, including whether a protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's needs is available;
(vi) A statement of the qualifications of the proposed emergency conservator and whether the respondent approves or disapproves of the proposed emergency conservator, and the reasons for such approval or disapproval;
(vii) A recommendation whether a professional evaluation under RCW 11.130.390
is necessary;
(viii) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
(ix) A statement whether the respondent is able to participate in a hearing which identifies any technology or other form of support that would enhance the respondent's ability to participate; and
(x) Any other matter the court directs.
(11) An emergency conservator shall:
(a) Comply with the requirements of RCW 11.130.505
and the requirements of this chapter that pertain to the rights of an individual subject to conservatorship;
(b) Not have authority to make decisions or take actions that a conservator for an individual is prohibited by law from having; and
(c) Be subject to the same special limitations on a conservator's power that apply to a conservator for an individual.
(12) Appointment of an emergency conservator under this section is not a determination that a basis exists for appointment of a conservator under RCW 11.130.360
.
(13) The court may remove an emergency conservator appointed under this section at any time.
(14) The emergency conservator shall file a report in a record with the court and provide a copy of the report to the individual subject to emergency conservatorship, and any notice party no later than forty-five days after appointment. The report shall include specific and updated information regarding the emergency alleged in the emergency petition, the individual's emergency needs, all actions and decisions by the emergency conservator, and a recommendation as to whether a conservator for an individual should be appointed. If the appointment of the emergency conservator is extended for an additional sixty days, the emergency conservator shall file a second report in a record with the court and provide a copy of the report to the individual subject to emergency conservatorship, and any notice party no later than forty-five days after the emergency conservatorship is extended by the court, which shall include the same information required for the first report. The emergency conservator shall make any other report the court requires.
(15) The court shall issue letters of emergency conservatorship to the emergency conservator in compliance with RCW 11.130.040
.
[
2024 c 267 s 11
;
2020 c 312 s 217
;
2019 c 437 s 413
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.435
Powers of conservator requiring court approval.
(1) Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice under RCW 11.130.370
(4) and receive specific authorization by the court before the conservator may exercise with respect to the conservatorship the power to:
(a) Make a gift, except a gift of de minimis value;
(b) Sell, encumber an interest in, or surrender a lease to the primary dwelling of the individual subject to conservatorship;
(c) Sell, or encumber an interest in, any other real estate;
(d) Convey, release, or disclaim a contingent or expectant interest in property, including marital property and any right of survivorship incident to joint tenancy or tenancy by the entireties;
(e) Exercise or release a power of appointment;
(f) Create a revocable or irrevocable trust of property of the conservatorship estate, whether or not the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the individual subject to conservatorship;
(g) Exercise a right to elect an option or change a beneficiary under an insurance policy or annuity or surrender the policy or annuity for its cash value;
(h) Exercise a right to a quasi-community property share under RCW 26.16.230
or a right to an elective share under other law in the estate of a deceased spouse or domestic partner of the individual subject to conservatorship or renounce or disclaim a property interest;
(i) Grant a creditor priority for payment over creditors of the same or higher class if the creditor is providing property or services used to meet the basic living and care needs of the individual subject to conservatorship and preferential treatment otherwise would be impermissible under RCW 11.130.555
(5);
(j) Make, modify, amend, or revoke the will of the individual subject to conservatorship in compliance with chapter
11.12
RCW;
(k) Acquire or dispose of property, including real property in another state, for cash or on credit, at public or private sale, and manage, develop, improve, exchange, partition, change the character of, or abandon property. In all transactions involving the sale of real property, the conservator shall receive additional authority from the court as to the disposition of the proceedings from the sale of the real property;
(l) Make ordinary or extraordinary repairs or alterations in a building or other structure, demolish any improvement, or raze an existing or erect a new party wall or building;
(m) Subdivide or develop land, dedicate land to public use, make or obtain the vacation of a plat and adjust a boundary, adjust a difference in valuation of land, exchange or partition land by giving or receiving consideration, and dedicate an easement to public use without consideration;
(n) Enter for any purpose into a lease of property as lessor or lessee, with or without an option to purchase or renew, for a term within or extending beyond the term of the conservatorship; and
(o) Structure the finances of the individual subject to conservatorship to establish eligibility for a public benefit including by making gifts consistent with the individual's preferences, values, and prior directions, if the conservator's action does not jeopardize the individual's welfare and otherwise is consistent with the conservator's duties.
(2) In approving a conservator's exercise of a power listed in subsection (1) of this section, the court shall consider primarily the decision the individual subject to conservatorship would make if able, to the extent the decision can be ascertained.
(3) To determine under subsection (2) of this section the decision the individual subject to conservatorship would make if able, the court shall consider the individual's prior or current directions, preferences, opinions, values, and actions, to the extent actually known or reasonably ascertainable by the conservator. The court also shall consider:
(a) The financial needs of the individual subject to conservatorship and individuals who are in fact dependent on the individual subject to conservatorship for support, and the interests of creditors of the individual;
(b) Possible reduction of income, estate, inheritance, or other tax liabilities;
(c) Eligibility for governmental assistance;
(d) The previous pattern of giving or level of support provided by the individual;
(e) Any existing estate plan or lack of estate plan of the individual;
(f) The life expectancy of the individual and the probability the conservatorship will terminate before the individual's death; and
(g) Any other relevant factor.
(4) A conservator may not revoke or amend a power of attorney for finances executed by the individual subject to conservatorship. If a power of attorney for finances is in effect, a decision of the agent within the scope of the agent's authority takes precedence over that of the conservator, unless the court orders otherwise. The court has authority to revoke or amend any power of attorney executed by the adult.
[
2024 c 267 s 12
;
2020 c 312 s 218
;
2019 c 437 s 414
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.440
Petition for order after appointment.
An individual subject to conservatorship or a person interested in the welfare of the individual may petition for an order:
(1) Requiring the conservator to furnish a bond or collateral or additional bond or collateral or allowing a reduction in a bond or collateral previously furnished;
(2) Requiring an accounting for the administration of the conservatorship estate;
(3) Directing distribution;
(4) Removing the conservator and appointing a temporary or successor conservator;
(5) Modifying the type of appointment or powers granted to the conservator, if the extent of protection or management previously granted is excessive or insufficient to meet the individual's needs, including because the individual's abilities or supports have changed;
(6) Rejecting or modifying the conservator's plan under RCW 11.130.510, the conservator's inventory under RCW 11.130.515, or the conservator's report under RCW 11.130.530
; or
(7) Granting other appropriate relief.
[
2019 c 437 s 415
.]
RCW 11.130.445
Bond
—
Alternative verified receipt.
(1) Except as otherwise provided in subsections (3) and (4) of this section, the court shall require a conservator to furnish a bond with a surety the court specifies, or require a verified receipt, conditioned on faithful discharge of all duties of the conservator. The court may waive the requirement only if the court finds that a bond or other verified receipt is not necessary to protect the interests of the individual subject to conservatorship. Except as otherwise provided in subsections (3) and (4) of this section, the court may not waive the requirement if the conservator is in the business of serving as a conservator and is being paid for the conservator's service.
(2) Unless the court directs otherwise, the bond required under this section must be in the amount of the aggregate capital value of the conservatorship estate, plus the estimated income for the accounting and report review interval, less the value of property deposited under a verified receipt requiring a court order for its removal and real property the conservator lacks power to sell or convey without specific court authorization. The court, in place of surety on a bond, may accept collateral for the performance of the bond, including a pledge of securities or a mortgage of real property.
(3) A regulated financial institution qualified to do trust business in this state is not required to give a bond under this section.
(4) In all conservatorships where the person subject to conservatorship has total assets of a value of less than three thousand dollars, the court may dispense with the requirement of a bond: PROVIDED, That the conservator swears to report to the court any changes in the total assets of the person subject to conservatorship increasing their value to over three thousand dollars: PROVIDED FURTHER, That the conservator files a yearly statement showing the monthly income of the person subject to conservatorship if such monthly income, excluding moneys from state or federal benefits, is over the sum of five hundred dollars per month for any three consecutive months.
[
2019 c 437 s 416
.]
RCW 11.130.500
Terms and requirements of bond.
(1) The following rules apply to the bond required under RCW 11.130.445
:
(a) Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable.
(b) By executing a bond provided by a conservator, the surety submits to the personal jurisdiction of the court that issued letters of office to the conservator in a proceeding relating to the duties of the conservator in which the surety is named as a party. Notice of the proceeding must be given to the surety at the address shown in the records of the court in which the bond is filed and any other address of the surety then known to the person required to provide the notice.
(c) On petition of a successor conservator or person affected by a breach of the obligation of the bond, a proceeding may be brought against the surety for breach of the obligation of the bond.
(d) A proceeding against the bond may be brought until liability under the bond is exhausted.
(2) A proceeding may not be brought under this section against a surety of a bond on a matter as to which a proceeding against the conservator is barred.
(3) If a bond under RCW 11.130.445
is not renewed by the conservator, the surety or sureties immediately shall give notice to the court and the individual subject to conservatorship.
[
2019 c 437 s 417
.]
RCW 11.130.505
Duties of conservator.
(1) A conservator is a fiduciary and has duties of prudence and loyalty to the individual subject to conservatorship.
(2) A conservator shall promote the self-determination of the individual subject to conservatorship and, to the extent feasible, encourage the individual to participate in decisions, act on the individual's own behalf, and develop or regain the capacity to manage the individual's personal affairs.
(3) In making a decision for an individual subject to conservatorship, the conservator shall make the decision the conservator reasonably believes the individual would make if able, unless doing so would fail to preserve the resources needed to maintain the individual's well-being and lifestyle or otherwise unreasonably harm or endanger the welfare or personal or financial interests of the individual. To determine the decision the individual would make if able, the conservator shall consider the individual's prior or current directions, preferences, opinions, values, and actions, to the extent actually known or reasonably ascertainable by the conservator.
(4) If a conservator cannot make a decision under subsection (3) of this section because the conservator does not know and cannot reasonably determine the decision the individual subject to conservatorship probably would make if able, or the conservator reasonably believes the decision the individual would make would fail to preserve resources needed to maintain the individual's well-being and lifestyle or otherwise unreasonably harm or endanger the welfare or personal or financial interests of the individual, the conservator shall act in accordance with the best interests of the individual. In determining the best interests of the individual, the conservator shall consider:
(a) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the individual;
(b) Other information the conservator believes the individual would have considered if the individual were able to act; and
(c) Other factors a reasonable person in the circumstances of the individual would consider, including consequences for others.
(5) Except when inconsistent with the conservator's duties under subsections (1) through (4) of this section, a conservator shall invest and manage the conservatorship estate as a prudent investor would, by considering:
(a) The circumstances of the individual subject to conservatorship and the conservatorship estate;
(b) General economic conditions;
(c) The possible effect of inflation or deflation;
(d) The expected tax consequences of an investment decision or strategy;
(e) The role of each investment or course of action in relation to the conservatorship estate as a whole;
(f) The expected total return from income and appreciation of capital;
(g) The need for liquidity, regularity of income, and preservation or appreciation of capital; and
(h) The special relationship or value, if any, of specific property to the individual subject to conservatorship.
(6) The propriety of a conservator's investment and management of the conservatorship estate is determined in light of the facts and circumstances existing when the conservator decides or acts and not by hindsight.
(7) A conservator shall make a reasonable effort to verify facts relevant to the investment and management of the conservatorship estate.
(8) A conservator that has special skills or expertise, or is named conservator in reliance on the conservator's representation of special skills or expertise, has a duty to use the special skills or expertise in carrying out the conservator's duties.
(9) In investing, selecting specific property for distribution, and invoking a power of revocation or withdrawal for the use or benefit of the individual subject to conservatorship, a conservator shall consider any estate plan of the individual known or reasonably ascertainable to the conservator and may examine the will or other donative, nominative, or appointive instrument of the individual.
(10) A conservator shall maintain insurance on the insurable real and personal property of the individual subject to conservatorship, unless the conservatorship estate lacks sufficient funds to pay for insurance or the court finds:
(a) The property lacks sufficient equity; or
(b) Insuring the property would unreasonably dissipate the conservatorship estate or otherwise not be in the best interest of the individual.
(11) If a power of attorney for finances is in effect, a conservator shall cooperate with the agent to the extent feasible.
(12) A conservator has access to and authority over a digital asset of the individual subject to conservatorship to the extent provided by the revised uniform fiduciary access to digital assets act (chapter
11.120
RCW) or court order.
(13) A conservator for an adult shall notify the court if the condition of the adult has changed so that the adult is capable of exercising rights previously removed. The notice must be given immediately on learning of the change.
(14) A conservator shall notify the court within thirty days of any substantial change in the value of the property of the person subject to conservatorship and shall provide a copy of the notice to the person subject to guardianship, a person entitled to notice under RCW 11.130.420
(6) or a subsequent court order, and any other person the court has determined is entitled to notice and schedule a hearing for the court to review the adequacy of the bond or other verified receipt under RCW 11.130.445
and
11.130.500
.
[
2020 c 312 s 219
;
2019 c 437 s 418
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.510
Conservator's plan.
(1) A conservator, not later than ninety days after appointment, shall file with the court a plan for protecting, managing, expending, and distributing the assets of the conservatorship estate. The plan must be based on the needs of the individual subject to conservatorship and take into account the best interest of the individual as well as the individual's preferences, values, and prior directions, to the extent known to or reasonably ascertainable by the conservator. The conservator shall include in the plan:
(a) A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the individual;
(b) How the conservator will involve the individual in decisions about management of the conservatorship estate;
(c) Any step the conservator plans to take to develop or restore the ability of the individual to manage the conservatorship estate; and
(d) An estimate of the duration of the conservatorship.
(2) A conservator shall give notice of the filing of the conservator's plan under subsection (1) of this section, together with a copy of the plan, to the individual subject to conservatorship, a person entitled to notice under RCW 11.130.420
(6) or a subsequent order, and any other person the court determines. The notice must include a statement of the right to object to the plan and be given not later than fourteen days after the filing.
(3) An individual subject to conservatorship and any person entitled under subsection (2) of this section to receive notice and a copy of the conservator's plan may object to the plan.
(4) The court shall review the conservator's plan filed under subsection (1) of this section and determine whether to approve the plan or require a new plan. In deciding whether to approve the plan, the court shall consider an objection under subsection (3) of this section and whether the plan is consistent with the conservator's duties and powers. The court may not approve the plan until thirty days after its filing.
(5) After a conservator's plan under this section is approved by the court, the conservator shall provide a copy of the plan to the individual subject to conservatorship, a person entitled to notice under RCW 11.130.420
(6) or a subsequent order, and any other person the court determines.
[
2019 c 437 s 419
.]
RCW 11.130.515
Inventory
—
Records.
(1) Not later than ninety days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits.
(2) A conservator shall give notice of the filing of an inventory to the individual subject to conservatorship, a person entitled to notice under RCW 11.130.420
(6) or a subsequent order, and any other person the court determines. The notice must be given not later than fourteen days after the filing.
(3) A conservator shall keep records of the administration of the conservatorship estate and make them available for examination on reasonable request of the individual subject to conservatorship, a guardian for the individual, or any other person the conservator or the court determines.
[
2020 c 312 s 220
;
2019 c 437 s 420
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.520
Administrative powers of conservator not requiring court approval.
(1) Except as otherwise provided in RCW 11.130.435
or qualified or limited in the court's order of appointment and stated in the letters of office, a conservator has all powers granted in this section and any additional power granted to a trustee by law of this state other than this chapter.
(2) A conservator, acting reasonably and consistent with the fiduciary duties of the conservator to accomplish the purpose of the conservatorship, without specific court authorization or confirmation, may with respect to the conservatorship estate:
(a) Collect, hold, and retain property, including property in which the conservator has a personal interest and real property in another state, until the conservator determines disposition of the property should be made;
(b) Receive additions to the conservatorship estate;
(c) Continue or participate in the operation of a business or other enterprise;
(d) Acquire an undivided interest in property in which the conservator, in a fiduciary capacity, holds an undivided interest;
(e) Invest assets;
(f) Deposit funds or other property in a financial institution, including one operated by the conservator;
(g) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or a pooling or unitization agreement;
(h) Grant an option involving disposition of property or accept or exercise an option for the acquisition of property;
(i) Vote a security, in person or by general or limited proxy;
(j) Pay a call, assessment, or other sum chargeable or accruing against or on account of a security;
(k) Sell or exercise a stock subscription or conversion right;
(l) Consent, directly or through a committee or agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;
(m) Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery;
(n) Insure:
(i) The conservatorship estate, in whole or in part, against damage or loss in accordance with RCW 11.130.505
(10); and
(ii) The conservator against liability with respect to a third person;
(o) Borrow funds, with or without security, to be repaid from the conservatorship estate or otherwise;
(p) Advance funds for the protection of the conservatorship estate or the individual subject to conservatorship and all expenses, losses, and liability sustained in the administration of the conservatorship estate or because of holding any property for which the conservator has a lien on the conservatorship estate;
(q) Pay or contest a claim, settle a claim by or against the conservatorship estate or the individual subject to conservatorship by compromise, arbitration, or otherwise, or release, in whole or in part, a claim belonging to the conservatorship estate to the extent the claim is uncollectible;
(r) Pay a tax, assessment, compensation of the conservator or any guardian, and other expense incurred in the collection, care, administration, and protection of the conservatorship estate;
(s) Pay a sum distributable to the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship by paying the sum to the distributee or for the use of the distributee:
(i) To the guardian for the distributee;
(ii) To the custodian of the distributee under the uniform transfers to minors act (chapter
11.114
RCW); or
(iii) If there is no guardian, custodian, or custodial trustee, to a relative or other person having physical custody of the distributee;
(t) Bring or defend an action, claim, or proceeding in any jurisdiction for the protection of the conservatorship estate or the conservator in the performance of the conservator's duties; and
(u) Execute and deliver any instrument that will accomplish or facilitate the exercise of a power of the conservator.
[
2020 c 312 s 221
;
2019 c 437 s 421
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.525
Distribution from conservatorship estate.
Except as otherwise provided in RCW 11.130.435
or qualified or limited in the court's order of appointment and stated in the letters of office, and unless contrary to a conservator's plan under RCW 11.130.510, the conservator may expend or distribute income or principal of the conservatorship estate without specific court authorization or confirmation for the support, care, education, health, or welfare of the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship, including the payment of child or spousal support, in accordance with the following rules:
(1) The conservator shall consider a recommendation relating to the appropriate standard of support, care, education, health, or welfare for the individual subject to conservatorship or individual who is dependent on the individual subject to conservatorship, made by a guardian for the individual subject to conservatorship, if any, and, if the individual subject to conservatorship is a minor, a recommendation made by a parent of the minor.
(2) The conservator acting in compliance with the conservator's duties under RCW 11.130.505
is not liable for an expenditure or distribution made based on a recommendation under subsection (1) of this section unless the conservator knows the expenditure or distribution is not in the best interest of the individual subject to conservatorship.
(3) In making an expenditure or distribution under this section, the conservator shall consider:
(a) The size of the conservatorship estate, the estimated duration of the conservatorship, and the likelihood the individual subject to conservatorship, at some future time, may be fully self-sufficient and able to manage the individual's financial affairs and the conservatorship estate;
(b) The accustomed standard of living of the individual subject to conservatorship and individual who is dependent on the individual subject to conservatorship;
(c) Other funds or source used for the support of the individual subject to conservatorship; and
(d) The preferences, values, and prior directions of the individual subject to conservatorship.
(4) Funds expended or distributed under this section may be paid by the conservator to any person, including the individual subject to conservatorship, as reimbursement for expenditures the conservator might have made, or in advance for services to be provided to the individual subject to conservatorship or individual who is dependent on the individual subject to conservatorship if it is reasonable to expect the services will be performed and advance payment is customary or reasonably necessary under the circumstances.
[
2019 c 437 s 422
.]
RCW 11.130.530
Conservator's report and accounting
—
Monitoring.
(1) A conservator shall file with the court by the date established by the court a report in a record regarding the administration of the conservatorship estate unless the court otherwise directs, on resignation or removal, on termination of the conservatorship, and at any other time the court directs.
(2) A report under subsection (1) of this section must state or contain:
(a) An accounting that lists property included in the conservatorship estate and the receipts, disbursements, liabilities, and distributions during the period for which the report is made;
(b) A list of the services provided to the individual subject to conservatorship;
(c) A copy of the conservator's most recently approved plan and a statement whether the conservator has deviated from the plan and, if so, how the conservator has deviated and why;
(d) A recommendation as to the need for continued conservatorship and any recommended change in the scope of the conservatorship;
(e) To the extent feasible, a copy of the most recent reasonably available financial statements evidencing the status of bank accounts, investment accounts, and mortgages or other debts of the individual subject to conservatorship with all but the last four digits of the account numbers and social security number redacted;
(f) Anything of more than de minimis value which the conservator, any individual who resides with the conservator, or the spouse, domestic partner, parent, child, or sibling of the conservator has received from a person providing goods or services to the individual subject to conservatorship;
(g) Any business relation the conservator has with a person the conservator has paid or that has benefited from the property of the individual subject to conservatorship; and
(h) Whether any co-conservator or successor conservator appointed to serve when a designated event occurs is alive and able to serve.
(3) The court may appoint a court visitor to review a report under this section or conservator's plan under RCW 11.130.510, interview the individual subject to conservatorship or conservator, or investigate any other matter involving the conservatorship. In connection with the report, the court may order the conservator to submit the conservatorship estate to appropriate examination in a manner the court directs.
(4) Notice of the filing under this section of a conservator's report, together with a copy of the report, must be provided to the individual subject to conservatorship, a person entitled to notice under RCW 11.130.420
(6) or a subsequent order, and other persons the court determines. The notice and report must be given not later than fourteen days after filing.
(5) The court shall establish procedures for monitoring a report submitted under this section and review each report at least annually to determine whether:
(a) The reports provide sufficient information to establish the conservator has complied with the conservator's duties;
(b) The conservatorship should continue; and
(c) The conservator's requested fees, if any, should be approved.
(6) If the court determines there is reason to believe a conservator has not complied with the conservator's duties or the conservatorship should not continue, the court:
(a) Shall notify the individual subject to conservatorship, the conservator, and any other person entitled to notice under RCW 11.130.420
(6) or a subsequent order;
(b) May require additional information from the conservator;
(c) May appoint a court visitor to interview the individual subject to conservatorship or conservator or investigate any matter involving the conservatorship; and
(d) Consistent with RCW 11.130.565
and
11.130.570, may hold a hearing to consider removal of the conservator, termination of the conservatorship, or a change in the powers granted to the conservator or terms of the conservatorship.
(7) If the court has reason to believe fees requested by a conservator are not reasonable, the court shall hold a hearing to determine whether to adjust the requested fees.
(8) A conservator must petition the court for approval of a report filed under this section. The court after review may approve the report. If the court approves the report, there is a rebuttable presumption the report is accurate as to a matter adequately disclosed in the report.
(9) An order, after notice and hearing, approving an interim report of a conservator filed under this section adjudicates liabilities concerning a matter adequately disclosed in the report, as to a person given notice of the report or accounting.
(10) If the court approves a report filed under this section, the order approving the report shall set the due date for the filing of the next report to be filed under this section. The court may set the review at annual, biennial, or triennial intervals with the report due date to be within ninety days of the anniversary date of appointment. When determining the report interval, the court can consider: The length of time the conservator has been serving the person under conservatorship; whether the conservator has timely filed all required reports with the court; whether the conservator is monitored by other state or local agencies; the income of the person subject to conservatorship; the value of the property of the person subject to conservatorship; the adequacy of the bond and other verified receipt; and whether there have been any allegations of abuse, neglect, or a breach of fiduciary duty against the conservator.
(11) If the court approves a report filed under this section, the order approving the report shall contain a conservatorship summary or accompanied by a conservatorship summary in the form or substantially in the same form as set forth in RCW 11.130.665
.
(12) If the court approves a report filed under this section, the order approving the report shall direct the clerk of the court to reissue letters of office in the form or substantially in the same form as set forth in RCW 11.130.660
to the conservator containing an expiration date which will be within one hundred eighty days of the anniversary date of appointment.
(13) An order, after notice and hearing, approving a final report filed under this section discharges the conservator from all liabilities, claims, and causes of action by a person given notice of the report and the hearing as to a matter adequately disclosed in the report.
(14) Any requirement to establish a monitoring program under this section is subject to appropriation.
[
2024 c 267 s 13
;
2020 c 312 s 222
;
2019 c 437 s 423
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.532
Concealed or embezzled property
—
Proceedings for discovery.
The court shall have authority to bring before it, in the manner prescribed by RCW 11.48.070, any person or persons suspected of having in their possession or having concealed, embezzled, conveyed, or disposed of any of the property of the estate of the individual subject to conservatorship subject to administration of this title.
[
2024 c 267 s 14
.]
RCW 11.130.535
Attempted transfer of property by individual subject to conservatorship.
(1) The interest of an individual subject to conservatorship in property included in the conservatorship estate is not transferable or assignable by the individual and is not subject to levy, garnishment, or similar process for claims against the individual unless allowed under RCW 11.130.555
.
(2) If an individual subject to conservatorship enters into a contract after having the right to enter the contract removed by the court, the contract is void against the individual and the individual's property but is enforceable against the person that contracted with the individual.
(3) A person other than the conservator that deals with an individual subject to conservatorship with respect to property included in the conservatorship estate is entitled to protection provided by law of this state other than this chapter.
[
2019 c 437 s 424
.]
RCW 11.130.540
Transaction involving conflict of interest.
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 11.130.420
(6) or a subsequent order. A transaction affected by a substantial conflict includes a sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator, an individual with whom the conservator resides, the spouse, domestic partner, descendant, sibling, agent, or attorney of the conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest.
[
2019 c 437 s 425
.]
RCW 11.130.545
Protection of person dealing with conservator.
(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 the person is dealing with a conservator alone does not require the person to inquire into the existence of authority of the conservator or the propriety of the conservator's exercise of authority, but restrictions on authority stated in letters of office, or otherwise provided by law, are effective as to the person. A person that pays or delivers property to a conservator is not responsible for proper application of the property.
(2) Protection under subsection (1) of this section extends to a procedural irregularity or jurisdictional defect in the proceeding leading to the issuance of letters of office and does not substitute for protection for a person that assists or deals with a conservator provided by comparable provisions in law of this state other than this chapter relating to a commercial transaction or simplifying a transfer of securities by a fiduciary.
[
2019 c 437 s 426
.]
RCW 11.130.547
Access of conservator to certain assets.
(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 definitions of RCW 21.20.005, individually and collectively.
(2) Institutions shall provide the conservator access and control over the assets described in (a)(vii) of this subsection, including but not limited to delivery of the asset to the conservator, upon receipt of the following:
(a) An affidavit containing as an attachment a true and correct copy of the conservator's letters of conservatorship and stating:
(i) That as of the date of the affidavit, the affiant is a duly appointed conservator with authority over assets held by the institution but owned or subject to withdrawal or delivery to a client or depositor of the institution;
(ii) The cause number of the conservatorship;
(iii) The name of the person under conservatorship and the name of the client or depositor, which names must be the same;
(iv) The account or the safety deposit box number or numbers;
(v) The address of the client or depositor;
(vi) The name and address of the affiant-conservator being provided assets or access to assets;
(vii) A description of and the value of the asset or assets, or, where the value cannot be readily ascertained, a reasonable estimate thereof, and a statement that the conservator receives delivery or control of each asset solely in its capacity as conservator;
(viii) The date the conservator assumed control over the assets; and
(ix) That a true and correct copy of the letters of conservatorship duly issued by a court to the conservator is attached to the affidavit; and
(b) An envelope, with postage prepaid, addressed to the clerk of the court issuing the letters of conservatorship. The affidavit must be sent in the envelope by the institution to the clerk of the court together with a statement signed by an agent of the institution that the description of the asset set forth in the affidavit appears to be accurate, and confirming in the case of cash assets, the value of the asset.
(3) Any conservator provided with access to a safe deposit box pursuant to subsection (1) of this section shall make an inventory of the contents of the box and attach this inventory to the affidavit before the affidavit is sent to the clerk of the court and before the contents of the box are released to the conservator. Any inventory must be prepared in the presence of an employee of the institution and the statement of the institution required under subsection (1) of this section must include a statement executed by the employee that the inventory appears to be accurate. The institution may require payment by the conservator of any fees or charges then due in connection with the asset or account and of a reasonable fee for witnessing preparation of the inventory and preparing the statement required by this subsection or subsection (1) of this section.
(4) Any institution to which an affidavit complying with subsection (1) of this section is submitted may rely on the affidavit without inquiry and is not subject to any liability of any nature whatsoever to any person whatsoever, including but not limited to the institution's client or depositor or any other person with an ownership or other interest in or right to the asset, for the reliance or for providing the conservator access and control over the asset, including but not limited to delivery of the asset to the conservator.
[
2020 c 312 s 224
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.550
Death of individual subject to conservatorship.
(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 to conservatorship's remains. Consent for such arrangement must be secured according to RCW 68.50.160
. If no person authorized by RCW 68.50.160
accepts responsibility for giving consent, the conservator may consent, subject to the provisions of this section and to the known directives of the deceased individual subject to conservatorship. Reasonable financial commitments made by a conservator pursuant to this section are binding against the estate of the deceased individual subject to conservatorship;
(b) Deliver to the court for safekeeping any will of the individual in the conservator's possession and inform the personal representative named in the will if feasible, or if not feasible, a beneficiary named in the will, of the delivery.
(2) If forty days after the death of an individual subject to conservatorship no personal representative has been appointed and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative to administer and distribute the decedent's estate. The conservator shall give notice of his or her appointment and the pendency of any probate proceedings as provided in RCW 11.28.237
and shall also give notice to a person nominated as personal representative by a will of the decedent of which the conservator is aware. The court may grant the application if there is no objection and endorse the letters of office to note that the individual formerly subject to conservatorship is deceased and the conservator has acquired the powers and duties of a personal representative.
(3) On the death of an individual subject to conservatorship, the conservator shall conclude the administration of the conservatorship estate as provided in RCW 11.130.570
.
[
2020 c 312 s 223
;
2019 c 437 s 427
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.555
Presentation and allowance of claim.
(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 with the priorities under subsection (4) of this section. A claimant may present a claim by:
(a) Sending or delivering to the conservator a statement in a record of the claim, indicating its basis, the name and address of the claimant, and the amount claimed; or
(b) Filing the claim with the court, in a form acceptable to the court, and sending or delivering a copy of the claim to the conservator.
(2) A claim under subsection (1) of this section is presented on receipt by the conservator of the statement of the claim or the filing with the court of the claim, whichever first occurs. A presented claim is allowed if it is not disallowed in whole or in part by the conservator in a record sent or delivered to the claimant not later than sixty days after its presentation. Before payment, the conservator may change an allowance of the claim to a disallowance in whole or in part, but not after allowance under a court order or order directing payment of the claim. Presentation of a claim tolls until thirty days after disallowance of the claim the running of a statute of limitations that has not expired relating to the claim.
(3) A claimant whose claim under subsection (1) of this section has not been paid may petition the court to determine the claim at any time before it is barred by a statute of limitations, and the court may order its allowance, payment, or security by encumbering property included in the conservatorship estate. If a proceeding is pending against the individual subject to conservatorship at the time of appointment of the conservator or is initiated thereafter, the moving party shall give the conservator notice of the proceeding if it could result in creating a claim against the conservatorship estate.
(4) If a conservatorship estate is likely to be exhausted before all existing claims are paid, the conservator shall distribute the estate in money or in kind in payment of claims in the following order:
(a) Costs and expenses of administration;
(b) A claim of the federal or state government having priority under law other than this chapter;
(c) A claim incurred by the conservator for support, care, education, health, or welfare previously provided to the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship;
(d) A claim arising before the conservatorship; and
(e) All other claims.
(5) Preference may not be given in the payment of a claim under subsection (4) of this section over another claim of the same class. A claim due and payable may not be preferred over a claim not due unless:
(a) Doing so would leave the conservatorship estate without sufficient funds to pay the basic living and health care expenses of the individual subject to conservatorship; and
(b) The court authorizes the preference under *RCW 11.130.435
(1)(h).
(6) If assets of a conservatorship estate are adequate to meet all existing claims, the court, acting in the best interest of the individual subject to conservatorship, may order the conservator to grant a security interest in the conservatorship estate for payment of a claim at a future date.
[
2019 c 437 s 428
.]
NOTES:
*Reviser's note:
RCW 11.130.435
was amended by 2020 c 312 s 218, changing subsection (1)(h) to subsection (1)(i), effective January 1, 2022.
RCW 11.130.560
Personal liability of conservator.
(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 representative capacity in the contract or before entering into the contract.
(2) A conservator is personally liable for an obligation arising from control of property of the conservatorship estate or an act or omission occurring in the course of administration of the conservatorship estate only if the conservator is personally at fault.
(3) A claim based on a contract entered into by a conservator in a fiduciary capacity, an obligation arising from control of property included in the conservatorship estate, or a tort committed in the course of administration of the conservatorship estate may be asserted against the conservatorship estate in a proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable for the claim.
(4) A question of liability between a conservatorship estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification or another appropriate proceeding or action.
[
2019 c 437 s 429
.]
RCW 11.130.565
Removal of conservator
—
Appointment of successor.
(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 successor on:
(a) Petition of the individual subject to conservatorship, conservator, or person interested in the welfare of the individual which contains allegations that, if true, would support a reasonable belief that removal of the conservator and appointment of a successor may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
(b) Communication from the individual subject to conservatorship, conservator, or person interested in the welfare of the individual which supports a reasonable belief that removal of the conservator and appointment of a successor may be appropriate; or
(c) Determination by the court that a hearing would be in the best interest of the individual subject to conservatorship.
(3) Notice of a hearing under subsection (2)(a) of this section and notice of the individual's right to be represented at the hearing by counsel of the individual's choosing must be given to the individual subject to conservatorship, the conservator, and any other person the court determines.
(4) An individual subject to conservatorship who seeks to remove the conservator and have a successor appointed has the right to choose an attorney to represent the individual in this matter. The court shall award reasonable attorneys' fees to the attorney as provided in RCW 11.130.100
.
(5) In selecting a successor conservator, the court shall follow the priorities under RCW 11.130.415
.
(6) Not later than fourteen days after appointing a successor conservator, the successor conservator shall give notice of the appointment to the individual subject to conservatorship and any person entitled to notice under RCW 11.130.420
(6) or a subsequent order.
[
2019 c 437 s 430
.]
RCW 11.130.570
Termination or modification of conservatorship.
(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 otherwise likely, attaining twenty-one years of age;
(c) Emancipation of the minor; or
(d) Death of the minor.
(2) A conservatorship for an adult terminates on order of the court or when the adult dies.
(3) An individual subject to conservatorship, the conservator, or a person interested in the welfare of the individual may petition for:
(a) Termination of the conservatorship on the ground that a basis for appointment under RCW 11.130.360
does not exist or termination would be in the best interest of the individual or for other good cause; or
(b) Modification of the conservatorship on the ground that the extent of protection or assistance granted is not appropriate or for other good cause.
(4) The court shall hold a hearing to determine whether termination or modification of a conservatorship is appropriate on:
(a) Petition under subsection (3) of this section that contains allegations that, if true, would support a reasonable belief that termination or modification of the conservatorship may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed within the preceding six months;
(b) A communication from the individual subject to conservatorship, conservator, or person interested in the welfare of the individual which supports a reasonable belief that termination or modification of the conservatorship may be appropriate, including because the functional needs of the individual or supports or services available to the individual have changed;
(c) A report from a guardian or conservator which indicates that termination or modification may be appropriate because the functional needs or supports or services available to the individual have changed or a protective arrangement instead of conservatorship or other less restrictive alternative is available; or
(d) A determination by the court that a hearing would be in the best interest of the individual.
(5) Notice of a petition under subsection (3) of this section must be given to the individual subject to conservatorship, the conservator, and any such other person the court determines.
(6) On presentation of prima facie evidence for termination of a conservatorship, the court shall order termination unless it is proven that a basis for appointment of a conservator under RCW 11.130.360
exists.
(7) The court shall modify the powers granted to a conservator if the powers are excessive or inadequate due to a change in the abilities or limitations of the individual subject to conservatorship, the individual's supports, or other circumstances.
(8) Unless the court otherwise orders for good cause, before terminating a conservatorship, the court shall follow the same procedures to safeguard the rights of the individual subject to conservatorship which apply to a petition for conservatorship.
(9) An individual subject to conservatorship who seeks to terminate or modify the terms of the conservatorship has the right to choose an attorney to represent the individual in this matter. The court shall award reasonable attorneys' fees to the attorney as provided in RCW 11.130.100
.
(10) On termination of a conservatorship other than by reason of the death of the individual subject to conservatorship, property of the conservatorship estate passes to the individual. The order of termination must direct the conservator to file a final report and petition for discharge on approval by the court of the final report.
(11) On termination of a conservatorship by reason of the death of the individual subject to conservatorship, the conservator shall file a final report and petition for discharge on approval by the court of the final report within ninety days of death of the person subject to conservatorship. On approval of the final report, the conservator shall proceed expeditiously to distribute the conservatorship estate to the individual's estate or as otherwise ordered by the court. The conservator may take reasonable measures necessary to preserve the conservatorship estate until distribution can be made.
(12) The court shall issue a final order of discharge on the approval by the court of the final report and satisfaction by the conservator of any other condition the court imposed on the conservator's discharge.
[
2019 c 437 s 431
.]
RCW 11.130.575
Transfer for benefit of minor without appointment of conservator.
(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-month period to:
(a) A person that has care or custody of the minor and with whom the minor resides;
(b) A guardian for the minor;
(c) A custodian under the uniform transfers to minors act (chapter
11.114
RCW); or
(d) A financial institution as a deposit in an interest-bearing account or certificate solely in the name of the minor and shall give notice to the minor of the deposit.
(2) A person that transfers funds or other property under this section is not responsible for its proper application.
(3) A person that receives funds or other property for a minor under subsection (1)(a) or (b) of this section may apply it only to the support, care, education, health, or welfare of the minor, and may not derive a personal financial benefit from it, except for reimbursement for necessary expenses. Funds not applied for these purposes must be preserved for the future support, care, education, health, or welfare of the minor, and the balance, if any, transferred to the minor when the minor becomes an adult or otherwise is emancipated.
[
2019 c 437 s 432
.]
RCW 11.130.580
Authority for protective arrangement.
(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 order a protective arrangement instead of conservatorship as a less restrictive alternative to conservatorship.
(2) A person interested in an adult's welfare, including the adult or a conservator for the adult, may petition under this article for a protective arrangement instead of guardianship.
(3) The following persons may petition under this article for a protective arrangement instead of conservatorship:
(a) The individual for whom the protective arrangement is sought;
(b) A person interested in the property, financial affairs, or welfare of the individual, including a person that would be affected adversely by lack of effective management of property or financial affairs of the individual; and
(c) The guardian for the individual.
[
2019 c 437 s 501
.]
RCW 11.130.585
Basis for protective arrangement instead of guardianship for adult.
(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 the court finds by clear and convincing evidence that:
(a) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making; and
(b) The respondent's identified needs cannot be met by a less restrictive alternative.
(2) If the court makes the findings under subsection (1) of this section, the court, instead of appointing a guardian, may:
(a) Authorize or direct a transaction necessary to meet the respondent's need for health, safety, or care, including:
(i) A particular medical treatment or refusal of a particular medical treatment; or
(ii) Visitation or supervised visitation between the respondent and another person;
(b) Restrict access to the respondent by a specified person whose access places the respondent at serious risk of physical, psychological, or financial harm; and
(c) Reorder other arrangements on a limited basis that are appropriate.
(3) In deciding whether to issue an order under this section, the court shall consider the factors under RCW 11.130.330
and
11.130.335
that a guardian must consider when making a decision on behalf of an adult subject to guardianship.
[
2020 c 312 s 315
;
2019 c 437 s 502
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.590
Basis for protective arrangement instead of conservatorship for adult or minor.
(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 arrangement instead of conservatorship for the adult if the court finds by clear and convincing evidence that:
(a) The adult is unable to manage property or financial affairs because:
(i) Of a limitation in the ability to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making; or
(ii) The adult is missing, detained, or unable to return to the United States;
(b) An order under subsection (3) of this section is necessary to:
(i) Avoid harm to the adult or significant dissipation of the property of the adult; or
(ii) Obtain or provide funds or other property needed for the support, care, education, health, or welfare of the adult or an individual entitled to the adult's support; and
(c) The respondent's identified needs cannot be met by a less restrictive alternative.
(2) After the hearing on a petition under RCW 11.130.365
for conservatorship for a minor or under RCW 11.130.580
(3) for a protective arrangement instead of conservatorship for a minor, the court may issue an order under subsection (3) of this section for a protective arrangement instead of conservatorship for the respondent if the court finds by a preponderance of the evidence that the arrangement is in the minor's best interest, and:
(a) If the minor has a parent, the court gives weight to any recommendation of the parent whether an arrangement is in the minor's best interest;
(b) Either:
(i) The minor owns money or property requiring management or protection that otherwise cannot be provided;
(ii) The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or
(iii) The arrangement is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health, or welfare of the minor; and
(iv) The order under subsection (3) of this section is necessary or desirable to obtain or provide money needed for the support, care, education, health, or welfare of the minor.
(3) If the court makes the findings under subsection (1) or (2) of this section, the court, instead of appointing a conservator, may:
(a) Authorize or direct a transaction necessary to protect the financial interest or property of the respondent, including:
(i) An action to establish eligibility for benefits;
(ii) Payment, delivery, deposit, or retention of funds or property;
(iii) Sale, mortgage, lease, or other transfer of property;
(iv) Purchase of an annuity;
(v) Entry into a contractual relationship, including a contract to provide for personal care, supportive services, education, training, or employment;
(vi) Addition to or establishment of a trust;
(vii) Ratification or invalidation of a contract, trust, will, or other transaction, including a transaction related to the property or business affairs of the respondent; or
(viii) Settlement of a claim; or
(b) Restrict access to the respondent's property by a specified person whose access to the property places the respondent at serious risk of financial harm.
(4) After the hearing on a petition under RCW 11.130.580
(1)(b), whether or not the court makes the findings under subsection (1) or (2) of this section, the court may issue an order to restrict access to the respondent or the respondent's property by a specified person that the court finds by clear and convincing evidence:
(a) Through fraud, coercion, duress, or the use of deception and control caused or attempted to cause an action that would have resulted in financial harm to the respondent or the respondent's property; and
(b) Poses a serious risk of substantial financial harm to the respondent or the respondent's property.
(5) Before issuing an order under subsection (3) or (4) of this section, the court shall consider the factors under RCW 11.130.505
a conservator must consider when making a decision on behalf of an individual subject to conservatorship.
(6) Before issuing an order under subsection (3) or (4) of this section for a respondent who is a minor, the court also shall consider the best interest of the minor, the preference of the parents of the minor, and the preference of the minor, if the minor is twelve years of age or older.
[
2019 c 437 s 503
.]
RCW 11.130.595
Petition for protective arrangement.
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 attorney representing the petitioner, and, to the extent known, the following:
(1) The respondent's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted;
(2) The name and address of the respondent's:
(a) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the twelve-month period before the filing of the petition;
(b) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and
(c) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the petition;
(3) The name and current address of each of the following, if applicable:
(a) A person responsible for the care or custody of the respondent;
(b) Any attorney currently representing the respondent;
(c) The representative payee appointed by the social security administration for the respondent;
(d) A guardian or conservator acting for the respondent in this state or another jurisdiction;
(e) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
(f) The fiduciary appointed for the respondent by the department of veterans affairs;
(g) An agent designated under a power of attorney for health care in which the respondent is identified as the principal;
(h) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;
(i) A person nominated as guardian or conservator by the respondent if the respondent is twelve years of age or older;
(j) A person nominated as guardian by the respondent's parent, spouse, or domestic partner in a will or other signed record;
(k) A person known to have routinely assisted the respondent with decision making in the six-month period immediately before the filing of the petition; and
(l) If the respondent is a minor:
(i) An adult not otherwise listed with whom the respondent resides; and
(ii) Each person not otherwise listed that had primary care or custody of the respondent for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition;
(4) The nature of the protective arrangement sought;
(5) The reason the protective arrangement sought is necessary, including a brief description of:
(a) The nature and extent of the respondent's alleged need;
(b) Any less restrictive alternative for meeting the respondent's alleged need which has been considered or implemented;
(c) If no less restrictive alternative has been considered or implemented, the reason less restrictive alternatives have not been considered or implemented; and
(d) The reason other less restrictive alternatives are insufficient to meet the respondent's alleged need;
(6) The name and current address, if known, of any person with whom the petitioner seeks to limit the respondent's contact;
(7) Whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings;
(8) If a protective arrangement instead of guardianship is sought and the respondent has property other than personal effects, a general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of any other anticipated income or receipts; and
(9) If a protective arrangement instead of conservatorship is sought, a general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts.
[
2019 c 437 s 504
.]
RCW 11.130.600
Notice and hearing.
(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 a petition under RCW 11.130.580
and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.605
not more than five court days after the petition under RCW 11.130.595
has been filed.
(b) A copy of a petition under RCW 11.130.580
and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.605
not more than five court days after the petition under RCW 11.130.595
has been filed. The notice must inform the respondent of the respondent's rights at the hearing, including the right to an attorney and to attend the hearing. The notice must include a description of the nature, purpose, and consequences of granting the petition for a protective arrangement. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent.
(3) In a proceeding on a petition under RCW 11.130.580, the notice required under subsection (2) of this section must be given to the persons required to be listed in the petition under RCW 11.130.595
(1) through (3) and any other person interested in the respondent's welfare the court determines. Failure to give notice under this subsection does not preclude the court from granting the petition.
(4) After the court has ordered a protective arrangement under this article, notice of a hearing on a petition filed under this chapter, together with a copy of the petition, must be given to the respondent and any other person the court determines.
[
2020 c 312 s 316
;
2019 c 437 s 505
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.605
Appointment and role of court visitor.
(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, limitations, and needs alleged in the petition.
(2) On filing of a petition under RCW 11.130.580
for a protective arrangement instead of conservatorship for a minor, the court may appoint a court visitor to investigate a matter related to the petition or inform the minor or a parent of the minor about the petition or a related matter.
(3) On filing of a petition under RCW 11.130.580
or a protective arrangement instead of conservatorship for an adult, the court shall appoint a court visitor unless the respondent is represented by an attorney appointed by the court. The court visitor must be an individual with training or experience in the types of abilities, limitations, and needs alleged in the petition.
(4) The court, in the order appointing a court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. The fee shall be charged to the person subject to a guardianship, conservatorship, or other protective arrangement proceeding unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That the court may charge such fee to the petitioner, the person subject to a guardianship or conservatorship proceeding, or any person who has appeared in the action; or may allocate the fee, as it deems just. If the petition is found to be frivolous or not brought in good faith, the court visitor fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.
(5)(a) The court visitor appointed under subsection (1) or (3) of this section shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, the respondent or his or her legal counsel, the petitioner or his or her legal counsel, and any interested party entitled to notice under RCW 11.130.080
with a statement including: His or her training relating to the duties as a court visitor; his or her criminal history as defined in RCW 9.94A.030
for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the court visitor has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the court visitor's statement, any party may set a hearing and file and serve a motion for an order to show cause why the court visitor should not be removed for one of the following three reasons:
(i) Lack of expertise necessary for the proceeding;
(ii) An hourly rate higher than what is reasonable for the particular proceeding; or
(iii) A conflict of interest.
(b) Notice of the hearing shall be provided to the court visitor and all parties. If, after a hearing, the court enters an order replacing the court visitor, findings shall be included, expressly stating the reasons for the removal. If the court visitor is not removed, the court has the authority to assess to the moving party attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.
(6) A court visitor appointed under subsection (1) or (3) of this section shall interview the respondent in person and in a manner the respondent is best able to understand:
(a) Explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, and the respondent's rights at the hearing on the petition;
(b) Determine the respondent's views with respect to the order sought;
(c) Inform the respondent that all costs and expenses of the proceeding, including respondent's attorneys' fees, may be paid from the respondent's assets;
(d) If the petitioner seeks an order related to the dwelling of the respondent, visit the respondent's present dwelling and any dwelling in which it is reasonably believed the respondent will live if the order is granted;
(e) If a protective arrangement instead of guardianship is sought, obtain information from any physician or other person known to have treated, advised, or assessed the respondent's relevant physical or mental condition;
(f) If a protective arrangement instead of conservatorship is sought, review financial records of the respondent, if relevant to the court visitor's recommendation under subsection (7)(b) of this section; and
(g) Investigate the allegations in the petition and any other matter relating to the petition the court directs.
(7) A court visitor under subsection (1), (2), or (3) of this section promptly shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.580
(1) through (3), at least fifteen days prior to the hearing on the petition filed under RCW 11.130.585, 11.130.590, or
11.130.595, which must include:
(a) To the extent relevant to the order sought, a summary of self-care, independent living tasks, and financial management tasks the respondent:
(i) Can manage without assistance or with existing supports;
(ii) Could manage with the assistance of appropriate supportive services, technological assistance, or supported decision making; and
(iii) Cannot manage;
(b) A recommendation regarding the appropriateness of the protective arrangement sought and whether a less restrictive alternative for meeting the respondent's needs is available;
(c) If the petition seeks to change the physical location of the dwelling of the respondent, a statement whether the proposed dwelling meets the respondent's needs and whether the respondent has expressed a preference as to the respondent's dwelling;
(d) A statement whether the respondent declined a professional evaluation under RCW 11.130.615
and what other information is available to determine the respondent's needs and abilities without the professional evaluation;
(e) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
(f) A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and
(g) Any other matter the court directs.
[
2020 c 312 s 311
;
2019 c 437 s 506
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.610
Appointment and role of attorney.
(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 arrangement shall petition the court to be appointed to represent the respondent or person subject to a protective arrangement.
(b) Unless the respondent in a proceeding under this article is represented by an attorney, the court is not required, but may appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, except as provided otherwise in (c) of this subsection.
(c)(i) The court must appoint an attorney to represent the respondent at public expense when either:
(A) The respondent is unable to afford an attorney;
(B) The expense of an attorney would result in substantial hardship to the respondent; or
(C) The respondent does not have practical access to funds with which to pay an attorney. If the respondent can afford an attorney but lacks practical access to funds, the court must provide an attorney and may impose a reimbursement requirement as part of a final order.
(ii) When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent.
(iii) An attorney must be provided under this subsection (1)(c) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation.
(2) An attorney representing the respondent in a proceeding under this article shall:
(a) Make reasonable efforts to ascertain the respondent's wishes;
(b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and
(c) If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive alternative in type, duration, and scope, consistent with the respondent's interests.
(3) The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under this article if:
(a) The parent objects to the entry of an order for a protective arrangement instead of guardianship or conservatorship;
(b) The court determines that counsel is needed to ensure that consent to the entry of an order for a protective arrangement is informed; or
(c) The court otherwise determines the parent needs representation.
[
2020 c 312 s 318
;
2019 c 437 s 507
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.615
Professional evaluation.
(Effective until June 30, 2027.)
(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
or
18.57
RCW, psychologist licensed under chapter
18.83
RCW, *advanced registered nurse practitioner licensed under chapter
18.79
RCW, or physician assistant licensed under chapter
18.71A
RCW selected by the court visitor who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. If the respondent opposes the professional selected by the court visitor, the court visitor shall obtain a professional evaluation from the professional selected by the respondent. The court visitor, after receiving a professional evaluation from the individual selected by the respondent, may obtain a supplemental evaluation from a different professional.
(3) The individual conducting the evaluation shall provide the completed evaluation report to the court visitor within thirty days of the examination of the respondent. The court visitor shall file the report in a sealed record with the court. Unless otherwise directed by the court, the report must contain:
(a) The professional's name, address, education, and experience;
(b) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations;
(c) An evaluation of the respondent's mental and physical condition and, if appropriate, education potential, adaptive behavior, and social skills;
(d) A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan;
(e) A description of the respondent's current medications, and the effect of the medications on the respondent's cognitive and functional abilities;
(f) Identification or persons with whom the professional has met or spoken with regarding the respondent; and
(g) The date of the examination on which the report is based.
(4) If the respondent declines to participate in an evaluation ordered under subsection (1) of this section, the court may proceed with the hearing under RCW 11.130.600
if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
[
2020 c 312 s 319
;
2019 c 437 s 508
.]
NOTES:
*Reviser's note:
The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
PDF
RCW 11.130.615
Professional evaluation.
(Effective June 30, 2027.)
(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
or
18.57
RCW, psychologist licensed under chapter
18.83
RCW, advanced practice registered nurse licensed under chapter
18.79
RCW, or physician assistant licensed under chapter
18.71A
RCW selected by the court visitor who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. If the respondent opposes the professional selected by the court visitor, the court visitor shall obtain a professional evaluation from the professional selected by the respondent. The court visitor, after receiving a professional evaluation from the individual selected by the respondent, may obtain a supplemental evaluation from a different professional.
(3) The individual conducting the evaluation shall provide the completed evaluation report to the court visitor within thirty days of the examination of the respondent. The court visitor shall file the report in a sealed record with the court. Unless otherwise directed by the court, the report must contain:
(a) The professional's name, address, education, and experience;
(b) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations;
(c) An evaluation of the respondent's mental and physical condition and, if appropriate, education potential, adaptive behavior, and social skills;
(d) A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan;
(e) A description of the respondent's current medications, and the effect of the medications on the respondent's cognitive and functional abilities;
(f) Identification or persons with whom the professional has met or spoken with regarding the respondent; and
(g) The date of the examination on which the report is based.
(4) If the respondent declines to participate in an evaluation ordered under subsection (1) of this section, the court may proceed with the hearing under RCW 11.130.600
if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
[
2025 c 58 s 5069
;
2020 c 312 s 319
;
2019 c 437 s 508
.]
NOTES:
Effective date
—
2025 c 58 ss 5058-5170:
See note following RCW 7.68.030
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.620
Attendance and rights at hearing.
(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 location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology.
(2) A hearing under this article may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:
(a) The respondent consistently and repeatedly has refused to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so;
(b) There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance; or
(c) The respondent is a minor who has received proper notice and attendance would be harmful to the minor.
(3) The respondent may be assisted in a hearing under this article by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
(4) The respondent has a right to choose an attorney to represent the respondent at a hearing under this article.
(5) At a hearing under this article, the respondent may:
(a) Present evidence and subpoena witnesses and documents;
(b) Examine witnesses, including any court-appointed evaluator and the visitor; and
(c) Otherwise participate in the hearing.
(6) A hearing under this article must be closed on request of the respondent and a showing of good cause.
(7) Any person may request to participate in a hearing under this article. The court may grant the request, with or without a hearing, on determining that the best interests of the respondent will be served. The court may impose appropriate conditions on the person's participation.
[
2019 c 437 s 509
.]
RCW 11.130.625
Notice of order.
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.
[
2020 c 312 s 317
;
2019 c 437 s 510
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.630
Confidentiality of records.
(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 to the protective arrangement, or the parent of a minor subject to the protective arrangement requests the record be sealed; and
(b) Either:
(i) The proceeding is dismissed;
(ii) The protective arrangement is no longer in effect; or
(iii) An act authorized by the order granting the protective arrangement has been completed.
(2) A respondent, an individual subject to a protective arrangement instead of guardianship or conservatorship, an attorney designated by the respondent or individual, a parent of a minor subject to a protective arrangement, and any other person the court determines are entitled to access court records of the proceeding and resulting protective arrangement. A person not otherwise entitled access to court records under this subsection for good cause may petition the court for access. The court shall grant access if access is in the best interest of the respondent or individual subject to the protective arrangement or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
(3) A report of a visitor or professional evaluation generated in the course of a proceeding under this article must be sealed on filing but is available to:
(a) The court;
(b) The individual who is the subject of the report or evaluation, without limitation as to use;
(c) The petitioner, visitor, and petitioner's and respondent's attorneys, for purposes of the proceeding;
(d) Unless the court orders otherwise, an agent appointed under a power of attorney for finances in which the respondent is the principal;
(e) If the order is for a protective arrangement instead of guardianship and unless the court orders otherwise, an agent appointed under a power of attorney for health care in which the respondent is identified as the principal; and
(f) Any other person if it is in the public interest or for a purpose the court orders for good cause.
[
2019 c 437 s 511
.]
RCW 11.130.635
Appointment of special agent.
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.
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.
This form may be used to petition for guardianship for a minor.
Petition for Guardianship for Minor
State of:. . . .
County of:. . . .
Name and address of attorney representing petitioner, if applicable:. . . .
. . . .
. . . .
Note to petitioner: This form can be used to petition for a guardian for a minor. A 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: The parents, after being fully informed of the nature and consequences of guardianship, consent; all parental rights have been terminated; or the court finds by clear and convincing evidence that the parents are unwilling or unable to exercise their parental rights.
(1) Information about the person filing this petition (the petitioner.)
(a) Name:. . . .
(b) Principal residence:. . . .
(c) Current street address (if different):. . . .
(d) Relationship to minor:. . . .
(e) Interest in this petition:. . . .
(f) Telephone number (optional):. . . .
(g) Email address (optional):. . . .
(2) Information about the minor alleged to need a guardian. Provide the following information to the extent known.
(a) Name:. . . .
(b) Age:. . . .
(c) Principal residence:. . . .
(d) Current street address (if different):. . . .
(e) If petitioner anticipates the minor moving, or seeks to move the minor, proposed new address:. . . .
(f) Does the minor need an interpreter, translator, or other form of support to communicate with the court or understand court proceedings? If so, please explain:. . . .
(g) Telephone number (optional):. . . .
(h) Email address (optional):. . . .
(3) Information about the minor's parent(s).
(a) Name(s) of living parent(s):. . . .
(b) Current street address(es) of living parent(s):. . . .
(c) Does any parent need an interpreter, translator, or other form of support to communicate with the court or understand court proceedings? If so, please explain:. . . .
. . . .
. . . .
(4) People who are required to be notified of this petition. State the name and current address of the people listed in Appendix A.
. . . .
. . . .
(5) Appointment requested. State the name and address of any proposed guardian and the reason the proposed guardian should be selected.
. . . .
. . . .
(6) State why petitioner seeks the appointment. Include a description of the nature and extent of the minor's alleged need.
. . . .
. . . .
(7) Property. If the minor has property other than personal effects, state the minor's property with an estimate of its value.
. . . .
. . . .
(8) Other proceedings. If there are any other proceedings concerning the care or custody of the minor currently pending in any court in this state or another jurisdiction, please describe them.
. . . .
. . . .
(9) Attorney(s). If the minor or the minor's parent is represented by an attorney in this matter, state the name, telephone number, email address, and address of the attorney(s).
. . . .
. . . .
SIGNATURE
. . . . . . . . . .
Signature of Petitioner Date
. . . . . . . . . .
Signature of Petitioner's Attorney if Date
Petitioner is Represented by Counsel
APPENDIX A:
People whose name and address must be listed in subsection (4) of this petition if they are not the petitioner:
The minor, if the minor is twelve years of age or older;
Each parent of the minor or, if there are none, the adult nearest in kinship that can be found;
An adult with whom the minor resides;
Each person that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition;
If the minor is twelve years of age or older, any person nominated as guardian by the minor;
Any person nominated as guardian by a parent of the minor;
The grandparents of the minor;
Adult siblings of the minor; and
Any current guardian or conservator for the minor appointed in this state or another jurisdiction.
[
2019 c 437 s 602
.]
RCW 11.130.650
Petition for guardianship, conservatorship, or protective arrangement.
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; or
A protective arrangement instead of conservatorship for an adult or minor.
Petition for Guardianship, Conservatorship, or Protective Arrangement
State of:. . . .
County of:. . . .
Name and address of attorney representing petitioner, if applicable:. . . .
. . . .
. . . .
Note to petitioner: This form can be used to petition for a guardian, conservator, or both, or for a protective arrangement instead of either a guardianship or conservatorship. This form should not be used to petition for guardianship for a minor.
The court may appoint a guardian or order a protective arrangement instead of guardianship for an adult if the adult lacks the ability to meet essential requirements for physical health, safety, or self-care because (1) the adult is unable to receive and evaluate information or make or communicate decisions even with the use of supportive services, technological assistance, and supported decision making, and (2) the adult's identified needs cannot be met by a less restrictive alternative.
The court may appoint a conservator or order a protective arrangement instead of conservatorship for an adult if (1) the adult is unable to manage property and financial affairs because of a limitation in the ability to receive and evaluate information or make or communicate decisions even with the use of supportive services, technological assistance, and supported decision making or the adult is missing, detained, or unable to return to the United States, and (2) appointment is necessary to avoid harm to the adult or significant dissipation of the property of the adult, or to obtain or provide funds or other property needed for the support, care, education, health, or welfare of the adult, or of an individual who is entitled to the adult's support, and protection is necessary or desirable to provide funds or other property for that purpose.
The court may appoint a conservator or order a protective arrangement instead of conservatorship for a minor if: (1) The minor owns funds or other property requiring management or protection that cannot otherwise be provided; or (2) it would be in the minor's best interests, and the minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age, or appointment is necessary or desirable to provide funds or other property needed for the support, care, education, health, or welfare of the minor.
The court may also order a protective arrangement instead of conservatorship that restricts access to an individual or an individual's property by a person that the court finds: (1) Through fraud, coercion, duress, or the use of deception and control, caused, or attempted to cause, an action that would have resulted in financial harm to the individual or the individual's property; and (2) poses a serious risk of substantial financial harm to the individual or the individual's property.
(1) Information about the person filing this petition (the petitioner.)
(a) Name:. . . .
(b) Principal residence:. . . .
(c) Current street address (if different):. . . .
(d) Relationship to respondent:. . . .
(e) Interest in this petition:. . . .
(f) Telephone number (optional):. . . .
(g) Email address (optional):. . . .
(2) Information about the individual alleged to need protection (the "respondent"). Provide the following information to the extent known.
(a) Name:. . . .
(b) Age:. . . .
(c) Principal residence:. . . .
(d) Current street address (if different):. . . .
(e) If petitioner anticipates respondent moving, or seeks to move respondent, proposed new address:. . . .
(f) Does respondent need an interpreter, translator, or other form of support to communicate with the court or understand court proceedings? If so, please explain:. . . .
. . . .
(g) Telephone number (optional):. . . .
(h) Email address (optional):. . . .
(3) People who are required to be notified of this petition. State the name and address of the people listed in Appendix A.
. . . .
. . . .
(4) Existing agents. State the name and address of any person appointed as an agent under a power of attorney for finances or power of attorney for health care, or who has been appointed as the individual's representative for payment of benefits.
. . . .
. . . .
(5) Action requested. State whether petitioner is seeking appointment of a guardian, a conservator, or a protective arrangement instead of an appointment.
. . . .
. . . .
(6) Order requested or appointment requested. If seeking a protective arrangement instead of a guardianship or conservatorship, state the transaction or other action you want the court to order. If seeking appointment of a guardian or conservator, state the powers petitioner requests the court grant to a guardian or conservator.
. . . .
. . . .
(7) State why the appointment or protective arrangement sought is necessary. Include a description of the nature and extent of respondent's alleged need.
. . . .
. . . .
(8) State all less restrictive alternatives to meeting respondent's alleged need that have been considered or implemented. Less restrictive alternatives could include supported decision making, technological assistance, or the appointment of an agent by respondent including appointment under a power of attorney for health care or power of attorney for finances. If no alternative has been considered or implemented, state the reason why not.
. . . .
. . . .
(9) Explain why less restrictive alternatives will not meet respondent's alleged need.
. . . .
. . . .
(10) Provide a general statement of respondent's property and an estimate of its value. Include any real property such as a house or land, insurance or pension, and the source and amount of any other anticipated income or receipts. As part of this statement, indicate, if known, how the property is titled (for example, is it jointly owned?).
. . . .
. . . .
(11) For a petition seeking appointment of a conservator. (Skip this section if not asking for appointment of a conservator.)
(a) If seeking appointment of a conservator with all powers permissible under this state's law, explain why appointment of a conservator with fewer powers (i.e., a "limited conservatorship") or other protective arrangement instead of conservatorship will not meet the individual's alleged needs.
. . . .
. . . .
(b) If seeking a limited conservatorship, state the property petitioner requests be placed under the conservator's control and any proposed limitation on the conservator's powers and duties.
. . . .
. . . .
(c) State the name and address of any proposed conservator and the reason the proposed conservator should be selected.
. . . .
. . . .
(d) If respondent is twelve years of age or older, state the name and address of any person respondent nominates as conservator.
. . . .
. . . .
(e) If alleging a limitation in respondent's ability to receive and evaluate information, provide a brief description of the nature and extent of respondent's alleged limitation.
. . . .
. . . .
(f) If alleging that respondent is missing, detained, or unable to return to the United States, state the relevant circumstances, including the time and nature of the disappearance or detention and a description of any search or inquiry concerning respondent's whereabouts.
. . . .
. . . .
(12) For a petition seeking appointment of a guardian. (Skip this section if not asking for appointment of a guardian.)
(a) If seeking appointment of a guardian with all powers permissible under this state's law, explain why appointment of a guardian with fewer powers (i.e., a "limited guardianship") or other protective arrangement instead of guardianship will not meet the individual's alleged needs.
. . . .
. . . .
(b) If seeking a limited guardianship, state the powers petitioner requests be granted to the guardian.
. . . .
. . . .
(c) State the name and address of any proposed guardian and the reason the proposed guardian should be selected.
. . . .
. . . .
(d) State the name and address of any person nominated as guardian by respondent, or, in a will or other signed writing or other record, by respondent's parent or spouse or domestic partner.
. . . .
. . . .
(13) Attorney. If petitioner, respondent, or, if respondent is a minor, respondent's parent is represented by an attorney in this matter, state the name, telephone number, email address, and address of the attorney(s).
. . . .
. . . .
SIGNATURE
. . . . . . . . . .
Signature of Petitioner Date
. . . . . . . . . .
Signature of Petitioner's Attorney if Date
Petitioner is Represented by Counsel
APPENDIX A:
People whose name and address must be listed in subsection (3) of this petition, if they are not the petitioner.
Respondent's spouse or domestic partner, or if respondent has none, any adult with whom respondent has shared household responsibilities in the past six months;
Respondent's adult children, or, if respondent has none, respondent's parents and adult siblings, or if respondent has none, one or more adults nearest in kinship to respondent who can be found with reasonable diligence;
Respondent's adult stepchildren whom respondent actively parented during the stepchildren's minor years and with whom respondent had an ongoing relationship within two years of this petition;
Any person responsible for the care or custody of respondent;
Any attorney currently representing respondent;
Any representative payee for respondent appointed by the social security administration;
Any current guardian or conservator for respondent appointed in this state or another jurisdiction;
Any trustee or custodian of a trust or custodianship of which respondent is a beneficiary;
Any veterans administration fiduciary for respondent;
Any person respondent has designated as agent under a power of attorney for finances;
Any person respondent has designated as agent under a power of attorney for health care;
Any person known to have routinely assisted the individual with decision making in the previous six months;
Any person respondent nominates as guardian or conservator; and
Any person nominated as guardian by respondent's parent or spouse or domestic partner in a will or other signed writing or other record.
[
2019 c 437 s 603
.]
RCW 11.130.655
Notification of rights for adult subject to guardianship or conservatorship.
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 Rights
You are getting this notice because a guardian, conservator, or both have been appointed for you. It tells you about some important rights you have. It does not tell you about all your rights. If you have questions about your rights, you can ask an attorney or another person, including your guardian or conservator, to help you understand your rights.
General rights:
You have the right to exercise any right the court has not given to your guardian or conservator.
You also have the right to ask the court to:
End your guardianship, conservatorship, or both;
Increase or decrease the powers granted to your guardian, conservator, or both;
Make other changes that affect what your guardian or conservator can do or how they do it; and
Replace the person that was appointed with someone else.
You also have a right to hire an attorney to help you do any of these things.
Additional rights for persons for whom a guardian has been appointed:
As an adult subject to guardianship, you have a right to:
(1) Be involved in decisions affecting you, including decisions about your care, where you live, your activities, and your social interactions, to the extent reasonably feasible;
(2) Be involved in decisions about your health care to the extent reasonably feasible, and to have other people help you understand the risks and benefits of health care options;
(3) Be notified at least fourteen days in advance of a change in where you live or a permanent move to a nursing home, mental health facility, or other facility that places restrictions on your ability to leave or have visitors, unless the guardian has proposed this change in the guardian's plan or the court has expressly authorized it;
(4) Ask the court to prevent your guardian from changing where you live or selling or surrendering your primary dwelling by following the appropriate process for objecting to such a move in compliance with RCW 11.130.330
(5);
(5) Vote and get married unless the court order appointing your guardian states that you cannot do so;
(6) Receive a copy of your guardian's report and your guardian's plan; and
(7) Communicate, visit, or interact with other people (this includes the right to have visitors, to make and receive telephone calls, personal mail, or electronic communications) unless:
(a) Your guardian has been authorized by the court by specific order to restrict these communications, visits, or interactions;
(b) A protective order is in effect that limits contact between you and other people; or
(c) Your guardian has good cause to believe the restriction is needed to protect you from significant physical, psychological, or financial harm and the restriction is for not more than seven business days if the person has a relative or preexisting social relationship with you or not more than sixty days if the person does not have that kind of relationship with you.
Additional rights for persons for whom a conservator has been appointed:
As an adult subject to conservatorship, you have a right to:
Participate in decisions about how your property is managed to the extent feasible; and
Receive a copy of your conservator's inventory, report, and plan.
[
2019 c 437 s 604
.]
RCW 11.130.657
Notification of petition for guardianship or conservatorship.
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 NOTICE
PLEASE READ CAREFULLY
A petition to have a guardian or conservator appointed for you has been filed in the . . . county superior court by . . .. If a guardian or conservator is appointed, you could lose one or more of the following rights:
(1) To marry, divorce, or enter into or end a state registered domestic partnership;
(2) To vote or hold an elected office;
(3) To enter into a contract or make or revoke a will;
(4) To appoint someone to act on your behalf;
(5) To sue and be sued other than through a guardian;
(6) To possess a license to drive;
(7) To buy, sell, own, mortgage, or lease property;
(8) To consent to or refuse medical treatment;
(9) To decide who shall provide care and assistance;
(10) To make decisions regarding social aspects of your life.
Under the law, you have certain rights.
You have the right to be represented by a lawyer of your own choosing. The court will appoint a lawyer to represent you if you are unable to pay or payment would result in a substantial hardship to you.
You have the right to ask for a jury trial on the issue of capacity.
You have the right to be present in court and testify when the hearing is held to decide whether or not you need a guardian or conservator. If a court visitor is appointed, you have the right to request the court to replace that person.
You have the right to ask the court to establish a protective arrangement instead of a guardianship or conservatorship.
[
2020 c 312 s 321
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.660
Letters of office.
All letters of guardianship/conservatorship must be in the following form or a substantially similar form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF  . . . . . . . . .
IN THE MATTER OF THE
GUARDIANSHIP/
CONSERVATORSHIP OF
. . . . . . . . . . . . . . . . .
Cause No.  . . . . . . . .
LETTERS OF
GUARDIANSHIP/CONSERVATORSHIP
Date letters expire
. . . .
THESE LETTERS OF GUARDIANSHIP/CONSERVATORSHIP PROVIDE OFFICIAL VERIFICATION OF THE FOLLOWING:
On the . . . . . . . . . day of . . . . . . . ., (year) . . . . the Court appointed . . . . . . . . . . .to serve as:
□ Guardian of the Person □ Full □ Limited
□ Conservator of the Estate □ Full □ Limited
for . . . . . . . . . . . ., in the above referenced matter.
The Guardian/Conservator has fulfilled all legal requirements to serve including, but not limited to: Taking and filing the oath; filing any bond consistent with the court's order; filing any blocked account agreement consistent with the court's order; and appointing a resident agent for a nonresident guardian.
The Court, having found the Guardian/Conservator duly qualified, now makes it known . . . . . . . . . is authorized as the Guardian for . . . . . . . . . . . . . . designated in the Court's order as referenced above.
The next filing and reporting deadline in this matter is on the . . . day of . . . . . . ., . . . . . ..
THESE LETTERS ARE NO LONGER VALID ON . . . . . . . . . .
These letters can only be renewed by a new court order. If the court grants an extension, new letters will be issued.
This matter is before the Honorable . . . . . . . . of Superior Court, the seal of the Court being affixed
this . . . . day of . . . . . . . ..
State of Washington )
) ss.
County of . . . . . . . . .)
I, . . . . . . . ., Clerk of the Superior Court of said County and State, certify that this document represents true and correct Letters of Guardianship/Conservatorship in the above entitled case, entered upon the record on this . . . . . . . day of . . . . . ., . . . ..
These letters remain in full force and effect until the date of expiration set forth above.
The seal of Superior Court has been affixed and witnessed by my hand this . . . . . . . day of . . . . . . . . ., . . . ..
. . . . . . . . . ., Clerk of Superior Court
By . . . . . . . ., Deputy
. . . . . . . . . . . . . . . . . . . .
(Signature of Deputy)
[
2019 c 437 s 605
.]
RCW 11.130.665
Guardianship/conservatorship summary.
The guardianship/conservatorship summary shall be in or substantially similar form:
GUARDIANSHIP/CONSERVATORSHIP SUMMARY
Date Guardian/Conservator Appointed:
. . . .
Due Date for Report and Accounting:
. . . .
Date of Next Review:
. . . .
Letters Expire On:
. . . .
Bond Amount:
$. . . .
Restricted Account Agreements Required:
. . . .
Due Date for Inventory, if applicable:
. . . .
Due Date for Guardian's Plan, if applicable:
. . . .
Person subject to guardianship/conservatorship
Guardian/Conservator
Name:
Name:
Address:
Address:
Phone:
Phone:
Facsimile:
Facsimile:
Interested Parties
Address
Relation
[
2019 c 437 s 606
.]
RCW 11.130.670
Certified professional guardianship board
—
Grievances.
(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, that relate to the conduct of a certified professional guardian or conservator.
(a) All grievances must initially be reviewed within thirty days by certified professional guardianship board members, or a subset thereof, to determine if the grievance is complete, states facts that describe a violation of the standards of practice, statutes, regulations, or rules, and relates to the conduct of a professional guardian and/or conservator, before investigating, requesting a response from the professional guardian or conservator, or forwarding to the superior courts. To be complete, grievances must provide sufficient details of the alleged conduct to demonstrate that a violation of the statute, regulation, standard of practice, or rule, relating to the conduct of a certified professional guardian or conservator could have occurred, the dates the alleged conduct occurred, and must be signed and dated by the person filing the grievance. Grievance investigations by the board are limited to the allegations contained in the grievance unless, after review by a majority of the members of the certified professional guardianship board, further investigation is justified.
(b) If the certified professional guardianship board determines the grievance is complete, states facts that allege a violation of the certified professional guardianship board's standards of practice, and relates to the conduct of a professional guardian and/or conservator, the certified professional guardianship board must forward that grievance within ten days to the superior court for that guardianship or conservatorship and to the professional guardian and/or conservator. The court must review the matter as set forth in RCW 11.130.140, and must direct the clerk of the court to send a copy of the order entered under this section to the certified professional guardianship board. The certified professional guardianship board must accept as facts any finding of fact contained in the order. The certified professional guardianship board must act consistently with any finding of fact issued in that order.
(2) Grievances received by the certified professional guardianship board must be investigated and the resolution determined and in process within one hundred eighty days of receipt. The one hundred eighty days is tolled during any period of time when:
(a) The certified professional guardianship board has provided a certified professional guardian or conservator an opportunity to respond to a grievance against the certified professional guardian or conservator and the certified professional guardianship board is awaiting the certified professional guardian or conservator's response;
(b) The certified professional guardianship board has forwarded a grievance to the superior court for review under subsection (1)(b) of this section and is awaiting receipt of the court's entered order with findings; or
(c) A certified professional guardianship board disciplinary hearing has been requested or is in process and during the time of posthearing board review of the hearing officer's recommendations through issuance of a final certified professional guardianship board's order on the matter.
(3) If the grievance cannot be resolved within one hundred eighty days, the certified professional guardianship board must notify the professional guardian and/or conservator. The professional guardian or conservator may propose a resolution of the grievance with facts and/or arguments. The certified professional guardianship board may accept the proposed resolution or determine that an additional ninety days are needed to review the grievance. If the certified professional guardianship board has not resolved the grievance within the additional ninety days the professional guardian or conservator may:
(a) File a motion for a court order to compel the certified professional guardianship board to resolve the grievance within a reasonable time; or
(b) Move for the superior court to resolve the grievance instead of being resolved by the certified professional guardianship board.
(4) The superior court has authority to enforce the certified professional guardianship board's standards of practice in this article to the extent those standards are related to statutory or fiduciary duties of guardians and conservators.
(5) Any unresolved grievances filed with the certified professional guardianship board one year or more before January 1, 2022, must be forwarded to the superior court for that guardianship or conservatorship for review by the superior court as set forth in RCW 11.130.140
if the grievance is not in process of a hearing or final resolution.
[
2021 c 65 s 106
;
2020 c 312 s 225
;
2019 c 437 s 701
.]
NOTES:
Effective date
—
2021 c 65 ss 106 and 107:
"Sections 106 and 107 of this act take effect January 1, 2022." [
2021 c 65 s 108
.]
Explanatory statement
—
2021 c 65:
See note following RCW 53.54.030
.
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.700
Definitions.
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 life activities.
(2) "Supported decision-making agreement" is an agreement between an adult with a disability and one or more supporters entered into under this chapter.
(3) "Supporter" means an adult who has entered into a supported decision-making agreement with an adult with a disability.
[
2020 c 312 s 601
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.705
Purpose.
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 11.130.915
.
RCW 11.130.710
Presumption of capacity.
(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 used as evidence for the petition or appointment of a guardianship or conservatorship under this chapter, and does not preclude the ability of the adult who has entered into such an agreement to act independently of the agreement.
[
2020 c 312 s 603
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.715
Scope.
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 making, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the adult with a disability;
(2) Assist the adult in accessing, collecting, and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational, or treatment records, from any person;
(3) Assist the adult with a disability in understanding the information described in subsection (2) of this section; and
(4) Assist the adult in communicating the adult's decisions to appropriate persons.
[
2020 c 312 s 604
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.720
Authority of supporter.
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.
(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 services finds that the adult with a disability has been abused, neglected, or exploited by the supporter;
(b) The supporter is found criminally liable for conduct described in (a) of this subsection;
(c) The person with a disability gives notice to the supporter orally, in writing, through an assistive technology device, or by any other means or act showing a specific intent to terminate the agreement; or
(d) The supporter provides written notice of the supporter's resignation to the person with a disability. If a supported decision-making agreement includes more than one supporter, each supporter can terminate the agreement only as to that supporter.
[
2020 c 312 s 606
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.730
Disqualification of supporter.
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 providing paid support services to the adult with a disability, unless the person is an immediate family member of the adult with a disability; and
(3) An individual against whom the person with a disability has obtained an order of protection from abuse, or an individual who is the subject of a civil or criminal order prohibiting contact with the adult with a disability.
[
2020 c 312 s 607
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.735
Access of supporter to personal information.
(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, collecting, or obtaining personal information, including protected health information under the federal health insurance portability and accountability act of 1996, P.L. 104-191, or educational records under the federal family educational rights and privacy act of 1974, 20 U.S.C. Sec. 1232g, the supporter shall ensure the information is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure.
(3) The existence of a supported decision-making agreement does not preclude an adult with a disability from seeking personal information without the assistance of a supporter.
[
2020 c 312 s 608
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.740
Execution of agreement.
(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 witnesses, the attesting witnesses must be at least eighteen years of age.
(3) The witnesses required by subsection (1) of this section may not be any of the following:
(a) A supporter for the person with a disability;
(b) An employee or agent of a supporter named in the supported decision-making agreement;
(c) A paid provider of services to the person with a disability; or
(d) Any person who does not understand the type of communication the person with a disability uses, unless an individual who understands the person with a disability's means of communication is present to assist during the execution of the supported decision-making agreement.
[
2020 c 312 s 609
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.745
Form.
(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 AGREEMENT
Appointment of Supporter
I, ..... (name of supported adult), make this agreement of my own free will.
I agree and designate that:
Name: ..... (name of supporter)
Address: ..... (address of supporter)
Phone Number: ..... (phone number of supporter)
Email Address: ..... (email address of supporter)
is my supporter.
My supporter may help me with making everyday life decisions relating to the following:
(Y/N) Obtaining food, clothing, and shelter.
(Y/N) Taking care of my health.
(Y/N) Managing my financial affairs.
(Y/N) Other matters: ..... (specify).
My supporter is not allowed to make decisions for me. To help me with my decisions, my supporter may:
1. Help me access, collect, or obtain information that is relevant to a decision, including medical, psychological, financial, educational, or treatment records;
2. Help me understand my options so I can make an informed decision; and
3. Help me communicate my decision to appropriate persons.
(Y/N) A release allowing my supporter to see protected health information under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, is attached.
(Y/N) A release allowing my supporter to see educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g, is attached.
Effective Date of Supported Decision-Making Agreement
This supported decision-making agreement is effective immediately and will continue until ..... (insert date) or until the agreement is terminated by my supporter or me or by operation of law.
Signed this ..... (day) day of ..... (month), ..... (year)
Consent of Supporter
I, ..... (name of supporter), acknowledge my responsibilities and consent to act as a supporter under this agreement.
(Signature of supporter)
(Printed name of supporter)
Supporter
(Signature of supported adult)
(Printed name of supported adult)
Supported Adult
(Signature of witness 1)
(Printed name of witness 1)
Witness 1
(Signature of witness 2)
(Printed name of witness 2)
Witness 2
State of .....
County of .....
This record was acknowledged before me on ..... (date) by ..... (name(s) of individuals).
. . . .
(Signature of notary public)
(Stamp)
. . . .
(Title of office)
My commission expires:
. . . .
(Date)
WARNING: PROTECTION FOR VULNERABLE ADULTS AS DEFINED UNDER CHAPTER
74.34
RCW.
IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT A VULNERABLE ADULT IS BEING ABUSED, ABANDONED, NEGLECTED (INCLUDING SELF-NEGLECT), OR PERSONALLY OR FINANCIALLY EXPLOITED BY THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, ABANDONMENT, NEGLECT, SELF-NEGLECT, OR PERSONAL OR FINANCIAL EXPLOITATION TO THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES BY CALLING THE ABUSE HOTLINE AT 1-800-END-HARM.
(2) A supported decision-making agreement may be in any form not inconsistent with subsection (1) of this section and the other requirements of this chapter.
[
2020 c 312 s 610
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.750
Reliance on agreement
—
Limitation of liability.
(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 omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement.
[
2020 c 312 s 611
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.755
Reporting of suspected abuse, abandonment, neglect, exploitation.
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), or personally or financially exploited by the supporter, the person shall make a report to the department of social and health services, except where the person is exempted from the requirements to report abuse due to a confidential relationship recognized in statute, regulation, or professional standards.
[
2020 c 312 s 612
.]
NOTES:
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 11.130.900
Uniformity of application and construction.
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.
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 any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[
2019 c 437 s 803
.]
RCW 11.130.910
Applicability.
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 guardianship or conservatorship in existence on January 1, 2022, unless the court finds application of a particular provision of chapter 437, Laws of 2019 would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of chapter 437, Laws of 2019 does not apply and the superseded law applies.
[
2021 c 65 s 107
;
2019 c 437 s 804
.]
NOTES:
Effective date
—
2021 c 65 ss 106 and 107:
See note following RCW 11.130.670
.
Explanatory statement
—
2021 c 65:
See note following RCW 53.54.030
.
RCW 11.130.915
Effective date
—
2020 c 312; 2019 c 437.
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 January 1, 2021.
[
2020 c 312 s 902
;
2019 c 437 s 807
.]
NOTES:
Effective dates
—
2020 c 312:
"(1) Except for sections 101 through 122, 301 through 307, 312, 313, 725, 801, 902, 903, 905, and 906 of this act, this act takes effect January 1, 2022.
(2) Sections 101 through 122, 301 through 307, 312, 313, 725, 801, 905, and 906 of this act take effect January 1, 2021." [
2020 c 312 s 907
.]