reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.140 - Slayer determination—Conviction—Preponderance of evidence.

RCW 11.84.140
Slayer determination—Conviction—Preponderance of evidence.
(1) A final judgment of conviction for the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer under this section. A finding of not guilty by reason of insanity for the willful and unlawful killing of the decedent carries the same meaning as a judgment of conviction.
(2) In the absence of a criminal conviction or a finding of not guilty by reason of insanity, a superior court finding by a preponderance of the evidence that a person participated in the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer under this section.
[ 2016 c 211 § 2; 2009 c 525 § 14.]
NOTES:
Short title—2016 c 211: See note following RCW 11.84.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.150 - Abuser determination—Conviction—Clear, cogent, and convincing evidence.

RCW 11.84.150
Abuser determination—Conviction—Clear, cogent, and convincing evidence.
(1) A final judgment of conviction for conduct constituting financial exploitation against the decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, is conclusive for purposes of determining whether a person is an abuser under this section.
(2) In the absence of a criminal conviction, a superior court finding by clear, cogent, and convincing evidence that a person participated in conduct constituting financial exploitation against the decedent is conclusive for purposes of determining whether a person is an abuser under this section.
[ 2009 c 525 § 15.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.160 - Abuser determination—Evidence factors.

RCW 11.84.160
Abuser determination—Evidence factors.
(1) In determining whether a person is an abuser for purposes of this chapter, the court must find by clear, cogent, and convincing evidence that:
(a) The decedent was a vulnerable adult at the time the alleged financial exploitation took place; and
(b) The conduct constituting financial exploitation was willful action or willful inaction causing injury to the property of the vulnerable adult.
(2) A finding of abuse by the department of social and health services is not admissible for any purpose in any claim or proceeding under this chapter.
(3) Except as provided in subsection (2) of this section, evidence of financial exploitation is admissible if it is not inadmissible pursuant to the rules of evidence.
[ 2009 c 525 § 16.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.170 - Abuser—When entitled to property interest.

RCW 11.84.170
Abuser—When entitled to property interest.
Notwithstanding the provisions of this chapter:
(1) An abuser is entitled to acquire or receive an interest in property or any other benefit described in this chapter if the court determines by clear, cogent, and convincing evidence that the decedent:
(a) Knew of the financial exploitation; and
(b) Subsequently ratified his or her intent to transfer the property interest or benefit to that person.
(2) The court may consider the record of proceedings and in its discretion allow an abuser to acquire or receive an interest in property or any other benefit described in this chapter in any manner the court deems equitable. In determining what is equitable, the court may consider, among other things:
(a) The various elements of the decedent's dispositive scheme;
(b) The decedent's likely intent given the totality of the circumstances; and
(c) The degree of harm resulting from the abuser's financial exploitation of the decedent.
[ 2009 c 525 § 17.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.180 - Application—Relation to other laws.

RCW 11.84.180
Application—Relation to other laws.
The provisions of this act are supplemental to, and do not derogate from, any other statutory or common law proceedings, theories, or remedies including, but not limited to, the common law allocation of the burden of proof or production among the parties.
[ 2009 c 525 § 21.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.84 - Inheritance Rights of Slayers or Abusers. › 11.84.900 - Chapter to be construed broadly.

RCW 11.84.900
Chapter to be construed broadly.
This chapter shall be construed broadly to effect the policy of this state that no person shall be allowed to profit by his or her own wrong, wherever committed.
[ 2010 c 8 § 2087; 1998 c 292 § 503; 1965 c 145 § 11.84.900. Prior: 1955 c 141 § 14.]
NOTES:
Application—Conflict with federal requirements—1998 c 292: See notes following RCW 41.04.273.
Effective dates—1998 c 292: See RCW 11.11.903.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.86 - Disclaimer of Interests. › 11.86.011 - Definitions.

RCW 11.86.011
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Beneficiary" means the person entitled, but for the person's disclaimer, to take an interest.
(2) "Creator of the interest" means a person who establishes, declares, or otherwise creates an interest.
(3)(a) "Date of the transfer" means:
(i) For an inter vivos transfer, the date of the creation of the interest; or
(ii) For a transfer upon the death of the creator of the interest, the date of the death of the creator.
(b) A joint tenancy interest of a deceased joint tenant is deemed to be transferred at the death of the joint tenant rather than at the creation of the joint tenancy.
(4) "Disclaimant" means a beneficiary who executes a disclaimer on his or her own behalf or a person who executes a disclaimer on behalf of a beneficiary.
(5) "Disclaimer" means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary.
(6) "Interest" includes the whole of any property, real or personal, legal or equitable, or any fractional part, share, or particular portion or specific assets thereof, any vested or contingent interest in any such property, any power to appoint, consume, apply, or expend property, or any other right, power, privilege, or immunity relating to property. "Interest" includes, but is not limited to, an interest created in any of the following manners:
(a) By intestate succession;
(b) Under a will;
(c) Under a trust;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) By creation of a power of appointment;
(g) By exercise or nonexercise of a power of appointment;
(h) By an inter vivos gift, whether outright or in trust;
(i) By surviving the death of a depositor of a trust or P.O.D. account within the meaning of *RCW 30.22.040;
(j) Under an insurance or annuity contract;
(k) By surviving the death of another joint tenant;
(l) Under an employee benefit plan;
(m) Under an individual retirement account, annuity, or bond;
(n) Under a community property agreement;
(o) By surviving the death of a transferor of a transfer on death deed; or
(p) Any other interest created by any testamentary or inter vivos instrument or by operation of law.
(7) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or other entity.
[ 2014 c 58 § 22; 1989 c 34 § 1.]
NOTES:
Reviser's note: *(1) RCW 30.22.040 was recodified as RCW 30A.22.040 pursuant to 2014 c 37 § 4, effective January 5, 2015.
(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Uniformity of application and construction—Relation to electronic signatures in global and national commerce act—2014 c 58: See RCW 64.80.903 and 64.80.904.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.86 - Disclaimer of Interests. › 11.86.021 - Disclaimer of interest authorized.

RCW 11.86.021
Disclaimer of interest authorized.
(1) A beneficiary may disclaim an interest in whole or in part, or with reference to specific parts, shares or assets, in the manner provided in RCW 11.86.031.
(2) Likewise, a beneficiary may so disclaim through an agent or attorney so authorized by written instrument.
(3) A personal representative, guardian, attorney-in-fact if authorized under a durable power of attorney under chapter 11.125 RCW, or other legal representative of the estate of a minor, incompetent, or deceased beneficiary, may so disclaim on behalf of the beneficiary, with or without court order, if:
(a) The legal representative deems the disclaimer to be in the best interests of those interested in the estate of the beneficiary and of those who take the disclaimed interest because of the disclaimer, and not detrimental to the best interests of the beneficiary; and
(b) In the case of a conservatorship, no order has been issued under RCW 11.130.435 determining that the disclaimer is not in the best interests of the beneficiary.
[ 2020 c 312 § 711; 2016 c 209 § 402; 1989 c 34 § 2.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Short title—Application—Uniformity—Federal law application—Federal electronic signatures in global and national commerce act—Application—Dates—Effective date—2016 c 209: See RCW 11.125.010 and 11.125.900 through 11.125.903.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.86 - Disclaimer of Interests. › 11.86.031 - Contents of disclaimer—Time and filing requirements—Fee.

RCW 11.86.031
Contents of disclaimer—Time and filing requirements—Fee.
(1) The disclaimer must:
(a) Be in writing;
(b) Be signed by the disclaimant;
(c) Identify the interest to be disclaimed; and
(d) State the disclaimer and the extent thereof.
(2) The disclaimer must be delivered or mailed as provided in subsection (3) of this section at any time after the creation of the interest, but in all events by nine months after the latest of:
(a) The date the beneficiary attains the age of twenty-one years;
(b) The date of the transfer;
(c) The date that the beneficiary is finally ascertained and the beneficiary's interest is indefeasibly vested; or
(d) December 17, 2010, if the date of the transfer is the date of the death of the creator of the interest and the creator dies after December 31, 2009, and before December 18, 2010.
(3) The disclaimer shall be mailed by first-class mail, or otherwise delivered, to the creator of the interest, the creator's legal representative, or the holder of the legal title to the property to which the interest relates or, if the creator is dead and there is no legal representative or holder of legal title, to the person having possession of the property.
(4) If the date of the transfer is the date of the death of the creator of the interest, a copy of the disclaimer may be filed with the clerk of the probate court in which the estate of the creator is, or has been, administered, or, if no probate administration has been commenced, then with the clerk of the court of any county provided by law as the place for probate administration of such person, where it shall be indexed under the name of the decedent in the probate index upon the payment of a fee established under *RCW 36.18.016.
(5) The disclaimer of an interest in real property may be recorded, but shall constitute notice to all persons only from and after the date of recording. If recorded, a copy of the disclaimer shall be recorded in the office of the auditor in the county or counties where the real property is situated.
[ 2011 c 113 § 3; 1995 c 292 § 4; 1989 c 34 § 3.]
NOTES:
*Reviser's note: The fee specified in RCW 36.18.016 for the filing of a disclaimer was deleted by section 18, chapter 457, Laws of 2005.
Finding—Retroactive application—Application—Construction—Effective date—2011 c 113: See notes following RCW 11.108.090.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.86 - Disclaimer of Interests. › 11.86.041 - Disposition of disclaimed interest.

RCW 11.86.041
Disposition of disclaimed interest.
(1) Unless the instrument creating an interest directs to the contrary, the interest disclaimed shall pass as if the beneficiary had died immediately prior to the date of the transfer of the interest. The disclaimer shall relate back to this date for all purposes.
(2) Unless the beneficiary provides otherwise in the disclaimer, in addition to the interests disclaimed, the beneficiary shall also be deemed to have disclaimed the minimum of all interests in the disclaimed property necessary to make the disclaimer a qualified disclaimer for purposes of section 2518 of the Internal Revenue Code.
(3) Any future interest taking effect in possession or enjoyment after termination of the interest disclaimed takes effect as if the beneficiary had died prior to the date of the beneficiary's final ascertainment as a beneficiary and the indefeasible vesting of the interest.
(4) The disclaimer is binding upon the beneficiary and all persons claiming through or under the beneficiary.
(5) Unless the instrument creating the interest directs to the contrary, a beneficiary whose interest in a devise or bequest under a will has been disclaimed shall be deemed to have died for purposes of RCW 11.12.110.
(6) In the case of a disclaimer of property over which the disclaimant has any power to direct the beneficial enjoyment of the disclaimed property, the disclaimant shall also be deemed to have disclaimed any power to direct the beneficial enjoyment of the disclaimed property, unless the power is limited by an ascertainable standard relating to the health, education, support, or maintenance of any person as described in section 2041 or 2514 of the Internal Revenue Code and applicable regulations adopted under those sections. This subsection applies unless the disclaimer specifically provides otherwise. This subsection shall not be deemed to otherwise prevent such a disclaimant from acting as trustee or personal representative over disclaimed property.
[ 1999 c 43 § 1; 1997 c 252 § 73; 1991 c 7 § 1; 1989 c 34 § 4.]
NOTES:
Retroactive application—1999 c 43: "This act applies retroactively to all disclaimers made after December 31, 1997." [ 1999 c 43 § 2.]
Application—1997 c 252 §§ 1-73: See note following RCW 11.02.005.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.86 - Disclaimer of Interests. › 11.86.051 - When disclaimer barred—Exception.

RCW 11.86.051
When disclaimer barred—Exception.
(1) A beneficiary may not disclaim an interest if:
(a) The beneficiary has accepted the interest or a benefit thereunder;
(b) The beneficiary has assigned, conveyed, encumbered, pledged, or otherwise transferred the interest, or has contracted therefor;
(c) The interest has been sold or otherwise disposed of pursuant to judicial process; or
(d) The beneficiary has waived the right to disclaim in writing. The written waiver of the right to disclaim also is binding upon all persons claiming through or under the beneficiary.
(2) Notwithstanding the provisions of subsection (1)(a) through (c) of this section, a beneficiary's receipt of a benefit from property shall not necessarily bar such beneficiary's disclaimer of an interest in the same property when, prior to the date of the transfer of the interest to be disclaimed, the beneficiary already owned an interest in such property in joint tenancy, as community property, or otherwise. Any such receipt, in the absence of clear and convincing evidence to the contrary, shall be presumed to be an enjoyment or use of the interest the beneficiary already owned, and only after such interest and any benefit from such interest have been exhausted, shall the beneficiary be deemed to have received or accepted any part of the interest to be disclaimed.
[ 2000 c 24 § 1; 1989 c 34 § 5.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.86 - Disclaimer of Interests. › 11.86.061 - Effect of spendthrift or similar restriction.

RCW 11.86.061
Effect of spendthrift or similar restriction.
A beneficiary may disclaim under this chapter notwithstanding any limitation on the interest of the beneficiary in the nature of a spendthrift provision or similar restriction.
[ 1989 c 34 § 6.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.86 - Disclaimer of Interests. › 11.86.071 - Liability for distribution—Effect of disclaimer.

RCW 11.86.071
Liability for distribution—Effect of disclaimer.
No legal representative of a creator of the interest, holder of legal title to property an interest in which is disclaimed, or person having possession of the property shall be liable for any otherwise proper distribution or other disposition made without actual knowledge of the disclaimer, or in reliance upon the disclaimer and without actual knowledge that the disclaimer is barred as provided in RCW 11.86.051.
[ 1989 c 34 § 7.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.86 - Disclaimer of Interests. › 11.86.080 - Rights under other statutes or rules not abridged.

RCW 11.86.080
Rights under other statutes or rules not abridged.
This chapter shall not abridge the right of any person, apart from this chapter, under any existing or future statute or rule of law, to disclaim any interest or to assign, convey, release, renounce or otherwise dispose of any interest.
[ 1973 c 148 § 9.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.86 - Disclaimer of Interests. › 11.86.090 - Interests existing on June 7, 1973.

RCW 11.86.090
Interests existing on June 7, 1973.
Any interest which exists on June 7, 1973 but which has not then become indefeasibly vested, or the taker of which has not then become finally ascertained, or of the existence of the transfer of which the beneficiary lacks knowledge, may be disclaimed after June 7, 1973 in the manner provided in RCW 11.86.031. However, for the purposes of RCW 11.86.031(2), the date on which the beneficiary first knows of the existence of the transfer shall be deemed to be the date of the transfer.
[ 1989 c 34 § 8; 1973 c 148 § 10.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.010 - Short title.

RCW 11.90.010
Short title.
This chapter may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.
[ 2009 c 81 § 1.]
NOTES:
Effective date—2009 c 81: "This act takes effect January 1, 2010." [ 2009 c 81 § 24.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.020 - Definitions.

RCW 11.90.020
Definitions.
In this chapter:
(1) "Adult" means an individual who has attained eighteen years of age.
(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 11.130 RCW, and includes a conservator appointed by the court in another state.
(3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 11.130 RCW, and includes a guardian appointed by the court in another state.
(4) "Guardianship order" means an order appointing a guardian.
(5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(7) "Person," except in the term person under a guardianship, person under a conservatorship, or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) "Person subject to a guardianship" means an adult for whom a guardian has been appointed.
(9) "Protected person" means an adult for whom a protective order has been issued.
(10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property.
(11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
[ 2020 c 312 § 501; 2009 c 81 § 2.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.030 - Foreign country treatment.

RCW 11.90.030
Foreign country treatment.
A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.
[ 2009 c 81 § 3.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.040 - Communications with out-of-state courts.

RCW 11.90.040
Communications with out-of-state courts.
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
[ 2009 c 81 § 4.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.050 - Requests between in-state and out-of-state courts.

RCW 11.90.050
Requests between in-state and out-of-state courts.
(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(a) Hold an evidentiary hearing;
(b) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(c) Order that an evaluation or assessment be made of the respondent;
(d) Order any appropriate investigation of a person involved in a proceeding;
(e) Forward to the court of this state a certified copy of the transcript or other record of a hearing under (a) of this subsection or any other proceeding, any evidence otherwise produced under (b) of this subsection, and any evaluation or assessment prepared in compliance with an order under (c) or (d) of this subsection;
(f) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;
(g) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Sec. 164.504.
(2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (1) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
[ 2009 c 81 § 5.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.060 - Testimony and documentary evidence from another state.

RCW 11.90.060
Testimony and documentary evidence from another state.
(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
[ 2009 c 81 § 6.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.200 - Definitions.

RCW 11.90.200
Definitions.
(1) In this chapter:
(a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
(b) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(c) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(2) In determining under RCW 11.90.220 and 11.90.400(5) whether a respondent has a significant connection with a particular state, the court shall consider:
(a) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(b) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(c) The location of the respondent's property; and
(d) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
[ 2009 c 81 § 7.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.210 - Exclusive jurisdictional basis.

RCW 11.90.210
Exclusive jurisdictional basis.
This chapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult under chapter 11.130 RCW.
[ 2020 c 312 § 712; 2009 c 81 § 8.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.220 - Appointing a guardian or issuing a protective order.

RCW 11.90.220
Appointing a guardian or issuing a protective order.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) This state is the respondent's home state;
(2) On the date the petition is filed, this state is a significant-connection state and:
(a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i) A petition for an appointment or order is not filed in the respondent's home state;
(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) The court in this state concludes that it is an appropriate forum under the factors set forth in RCW 11.90.250;
(3) This state does not have jurisdiction under either subsection (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) The requirements for special jurisdiction under RCW 11.90.230 are met.
[ 2009 c 81 § 9.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.230 - Special jurisdiction.

RCW 11.90.230
Special jurisdiction.
(1) A court of this state lacking jurisdiction under RCW 11.90.220 has special jurisdiction to do any of the following:
(a) Appoint a guardian in an emergency for a term not exceeding sixty days for a respondent who is physically present in this state;
(b) Issue a protective order with respect to real or tangible personal property located in this state if a petition for appointment of a guardian or a conservator for the respondent is pending or has been approved in another state;
(c) Appoint a guardian or conservator for a person under a guardianship, person under a conservatorship, or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to RCW 11.90.400.
(2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
[ 2020 c 312 § 502; 2009 c 81 § 10.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.240 - Exclusive jurisdiction for court appointing a guardian or issuing a protective order.

RCW 11.90.240
Exclusive jurisdiction for court appointing a guardian or issuing a protective order.
Except as otherwise provided in RCW 11.90.230, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
[ 2009 c 81 § 11.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.250 - In-state court declining jurisdiction.

RCW 11.90.250
In-state court declining jurisdiction.
(1) A court of this state having jurisdiction under RCW 11.90.220 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(2) If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(a) Any expressed preference of the respondent;
(b) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(c) The length of time the respondent was physically present in or was a legal resident of this or another state;
(d) The distance of the respondent from the court in each state;
(e) The financial circumstances of the respondent's estate;
(f) The nature and location of the evidence;
(g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(h) The familiarity of the court of each state with the facts and issues in the proceeding; and
(i) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
[ 2020 c 312 § 503; 2009 c 81 § 12.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.260 - Jurisdiction required by unjustifiable conduct.

RCW 11.90.260
Jurisdiction required by unjustifiable conduct.
(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(a) Decline to exercise jurisdiction;
(b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(c) Continue to exercise jurisdiction after considering:
(i) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(ii) Whether it is a more appropriate forum than the court of any other state under the factors set forth in RCW 11.90.250(3); and
(iii) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of RCW 11.90.220.
(2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorneys' fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
[ 2009 c 81 § 13.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.270 - Notice of petition requirements when not respondent's home state on filing date.

RCW 11.90.270
Notice of petition requirements when not respondent's home state on filing date.
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
[ 2009 c 81 § 14.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.280 - Rules when guardian appointment or protective order petition is filed in Washington and another state.

RCW 11.90.280
Rules when guardian appointment or protective order petition is filed in Washington and another state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under RCW 11.90.230(1) (a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under RCW 11.90.220, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to RCW 11.90.220 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under RCW 11.90.220, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
[ 2009 c 81 § 15.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.400 - Procedure for transfer of guardianship or conservatorship to an out-of-state court.

RCW 11.90.400
Procedure for transfer of guardianship or conservatorship to an out-of-state court.
(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(3) On the court's own motion or on request of the guardian or conservator, the person under a guardianship, person under a conservatorship, or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.
(4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(a) The person under a guardianship is physically present in or is reasonably expected to move permanently to the other state;
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the person under a guardianship; and
(c) Plans for care and services for the person under a guardianship in the other state are reasonable and sufficient.
(5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(a) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in RCW 11.90.200(2);
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(c) Adequate arrangements will be made for management of the protected person's property.
(6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to RCW 11.90.410; and
(b) The documents required to terminate a guardianship or conservatorship in this state.
[ 2020 c 312 § 504; 2009 c 81 § 16.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.410 - Procedures for transfer of guardianship or conservatorship to Washington.

RCW 11.90.410
Procedures for transfer of guardianship or conservatorship to Washington.
(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to RCW 11.90.400, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(2) Notice of a petition under subsection (1) of this section must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(3) On the court's own motion or on request of the guardian or conservator, the person under a guardianship, person under a conservatorship, or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.
(4) The court shall issue an order provisionally granting a petition filed under subsection (1) of this section unless:
(a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the person under a guardianship, person under a conservatorship, or protected person; or
(b) The guardian or conservator is ineligible for appointment in this state.
(5) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to RCW 11.90.400 transferring the proceeding to this state.
(6) Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(7) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the person under a guardianship, person under a conservatorship, or protected person's incapacity and the appointment of the guardian or conservator.
(8) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
[ 2020 c 312 § 505; 2009 c 81 § 17.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.420 - Registering out-of-state guardianship.

RCW 11.90.420
Registering out-of-state guardianship.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
[ 2009 c 81 § 18.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.430 - Registering an out-of-state protective order.

RCW 11.90.430
Registering an out-of-state protective order.
If a guardian of the estate or conservator has been appointed in another state and a petition for a protective order is not pending in this state, the guardian of the estate or conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
[ 2009 c 81 § 19.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.440 - Enforcement of guardianship or protective order from another state.

RCW 11.90.440
Enforcement of guardianship or protective order from another state.
(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(2) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
[ 2009 c 81 § 20.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.450 - Uniformity.

RCW 11.90.450
Uniformity.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2009 c 81 § 21.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.