reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.330 - Agent authority—Estates, trusts, and other beneficial interests.

RCW 11.125.330
Agent authority—Estates, trusts, and other beneficial interests.
(1) In this section, "estates, trusts, and other beneficial interests" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:
(a) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from the fund;
(b) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of the fund, by litigation or otherwise;
(c) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(d) Exercise for the benefit of the principal a presently exercisable limited power of appointment held by the principal;
(e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;
(f) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary, and any other matter as defined under RCW 11.96A.030;
(g) Conserve, invest, disburse, or use anything received for an authorized purpose;
(h) Transfer an interest of the principal in real property, stocks, bonds, and financial instruments, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor, subject to the limitations in RCW 11.125.240(1); and
(i) Reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from the fund.
[ 2016 c 209 § 210.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.340 - Agent authority—Claims and litigation.

RCW 11.125.340
Agent authority—Claims and litigation.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent, without the need for appointment of a guardian or guardian ad litem under Title 4 RCW, to:
(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2) Bring or defend an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) Submit to alternative dispute resolution, settle, and propose or accept a compromise, subject to special proceeding rule 98.16W;
(6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute, and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
[ 2016 c 209 § 211.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.350 - Agent authority—Personal and family maintenance.

RCW 11.125.350
Agent authority—Personal and family maintenance.
(1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
(a) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse or state registered domestic partner, and the following individuals, whether living when the power of attorney is executed or later born:
(i) The principal's children;
(ii) Other individuals legally entitled to be supported by the principal; and
(iii) The individuals whom the principal has customarily supported or indicated the intent to support;
(b) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(c) Provide living quarters for the individuals described in subsection (1) of this section by:
(i) Purchase, lease, or other contract; or
(ii) Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
(d) Provide reasonable domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subsection (1) of this section;
(e) Pay expenses for necessary health care and custodial care on behalf of the individuals described in subsection (1) of this section;
(f) Act as the principal's personal representative pursuant to the health insurance portability and accountability act, sections 1171 through 1179 of the social security act, 42 U.S.C. Sec. 1320d, as amended, and applicable regulations, for the limited purpose of making decisions regarding the payment of costs and expenses arising from past, present, or future health care provided to the principal which was consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;
(g) Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subsection (1) of this section;
(h) Maintain credit and debit accounts for the convenience of the individuals described in subsection (1) of this section and open new accounts; and
(i) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
(2) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under chapter 209, Laws of 2016.
[ 2016 c 209 § 212.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.360 - Agent authority—Government program and civil and military service benefits.

RCW 11.125.360
Agent authority—Government program and civil and military service benefits.
(1) In this section, "benefits from governmental programs or civil or military service" means any benefit, program or assistance provided under a statute or regulation including social security, medicare, and medicaid.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(a) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in RCW 11.125.350(1)(a), and for shipment of their household effects;
(b) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
(c) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;
(d) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
(e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and
(f) Receive the financial proceeds of a claim described in (d) of this subsection and conserve, invest, disburse, or use for a lawful purpose anything so received.
[ 2016 c 209 § 213.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.370 - Agent authority—Retirement benefits and deferred compensation.

RCW 11.125.370
Agent authority—Retirement benefits and deferred compensation.
(1) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including but not limited to a plan or account under the following sections of the internal revenue code:
(a) An individual retirement account under internal revenue code section 408, 26 U.S.C. Sec. 408, as amended;
(b) A roth individual retirement account under internal revenue code section 408A, 26 U.S.C. Sec. 408A, as amended;
(c) A deemed individual retirement account under internal revenue code section 408(q), 26 U.S.C. Sec. 408(q), as amended;
(d) An annuity or mutual fund custodial account under internal revenue code section 403(b), 26 U.S.C. Sec. 403(b), as amended;
(e) A pension, profit-sharing, stock bonus, or other retirement plan qualified under internal revenue code section 401(a), 26 U.S.C. Sec. 401(a), as amended;
(f) A plan under internal revenue code section 457(b), 26 U.S.C. Sec. 457(b), as amended; and
(g) A nonqualified deferred compensation plan under internal revenue code section 409A, 26 U.S.C. Sec. 409A, as amended.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(a) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(b) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
(c) Establish a retirement plan in the principal's name;
(d) Make contributions to a retirement plan;
(e) Exercise investment powers available under a retirement plan; and
(f) Borrow from, sell assets to, or purchase assets from a retirement plan.
[ 2016 c 209 § 214.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.380 - Agent authority—Taxes.

RCW 11.125.380
Agent authority—Taxes.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
(1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, federal insurance contributions act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under internal revenue code section 2032A, 26 U.S.C. Sec. 2032A, as amended, closing agreements, and any power of attorney required by the internal revenue service or other taxing authority including, but not limited to, an internal revenue service form 2848 in favor of any third party with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;
(2) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the internal revenue service or other taxing authority;
(3) Exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) Act for the principal in all tax matters for all periods before the internal revenue service, or other taxing authority.
[ 2016 c 209 § 215.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.390 - Agent authority—Gifts.

RCW 11.125.390
Agent authority—Gifts.
(1) In this section, a gift "for the benefit of" a person includes but is not limited to a gift to a trust, an account under the uniform transfers to minors act of any jurisdiction, and a tuition savings account or prepaid tuition plan as defined under internal revenue code section 529, 26 U.S.C. Sec. 529, as amended. Notwithstanding the terms of RCW 11.125.240(1)(a), the power to make a gift pursuant to RCW 11.125.240(1)(b) shall include the power to create a trust, an account under the uniform transfers to minors act, or a tuition savings account or prepaid tuition plan as defined under internal revenue code section 529, 26 U.S.C. Sec. 529, as amended, into which a gift is to be made.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:
(a) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under internal revenue code section 2503(b), 26 U.S.C. Sec. 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to internal revenue code section 2513, 26 U.S.C. Sec. 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
(b) Consent, pursuant to internal revenue code section 2513, 26 U.S.C. Sec. 2513, as amended, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(3) An agent may make a gift outright to, or for the benefit of, a person of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including but not limited to:
(a) The value and nature of the principal's property;
(b) The principal's foreseeable obligations and need for maintenance;
(c) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;
(d) Eligibility for a benefit, a program, or assistance under a statute or rule; and
(e) The principal's personal history of making or joining in making gifts.
[ 2016 c 209 § 216.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.400 - Agent authority—Health care.

RCW 11.125.400
Agent authority—Health care.
Unless the power of attorney otherwise provides, where language in a power of attorney grants general authority with respect to health care matters:
(1) The agent shall be authorized to act as the principal's personal representative pursuant to the health insurance portability and accountability act, sections 1171 through 1179 of the social security act, 42 U.S.C. Sec. 1320d, as amended, and applicable regulations for all purposes thereunder, including but not limited to accessing and acquiring the principal's health care related information.
(2) The agent shall be authorized to provide informed consent for health care decisions on the principal's behalf. If a principal has appointed more than one agent with authority to make mental health treatment decisions in accordance with a directive under chapter 71.32 RCW, to the extent of any conflict, the most recently appointed agent shall be treated as the principal's agent for mental health treatment decisions unless provided otherwise in either appointment.
(3) Unless he or she is the spouse, state registered domestic partner, father or mother, or adult child or brother or sister of the principal, none of the following persons may act as the agent for the principal: Any of the principal's physicians, the physicians' employees, or the owners, administrators, or employees of the health care facility or long-term care facility as defined in RCW 43.190.020 where the principal resides or receives care. Except when the principal has consented in a mental health advance directive executed under chapter 71.32 RCW to inpatient admission or electroconvulsive therapy, this authorization is subject to the same limitations as those that apply to a guardian under chapter 11.130 RCW.
[ 2020 c 312 § 722; 2016 c 209 § 217.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.410 - Agent authority—Principal's minor children.

RCW 11.125.410
Agent authority—Principal's minor children.
Unless the power of attorney otherwise provides, the following general provisions shall apply to any power of attorney making reference to the care of the principal's minor children:
(1) A parent or guardian, through a power of attorney, may authorize an agent to make health care decisions on behalf of one or more of his or her children, or children for whom he or she is the legal guardian, who are under the age of majority as defined in RCW 26.28.015, to be effective if the child has no other parent or legal representative readily available and authorized to give such consent.
(2) A principal may further nominate a guardian or guardians of the person, or of the estate or both, of a minor child, whether born at the time of making the durable power of attorney or afterwards, to continue during the disability of the principal, during the minority of the child or for any less time by including such a provision in his or her power of attorney.
(3) The authority of any guardian of the person of any minor child shall supersede the authority of a designated agent to make health care decisions for the minor only after such designated guardian has been appointed by the court.
(4) In the event a conflict between the provisions of a will nominating a testamentary guardian under chapter 11.130 RCW and the nomination of a guardian under the authority of this statute, the most recent designation shall control.
[ 2020 c 312 § 723; 2016 c 209 § 218.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.420 - Death with dignity act.

RCW 11.125.420
Death with dignity act.
Notwithstanding any provision in chapter 209, Laws of 2016, or any provision in a power of attorney, no rights under Washington's death with dignity act, chapter 70.245 RCW, may be exercised through a power of attorney.
[ 2016 c 209 § 219.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.430 - Agent's certification form—Power of attorney and agent authority validity.

RCW 11.125.430
Agent's certification form—Power of attorney and agent authority validity.
The following optional form may be used by an agent to certify facts concerning a power of attorney.
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY
AND AGENT'S AUTHORITY
State of _____
[County] of _____]
I, (Name of Agent), [certify] under penalty of perjury
that (Name of Principal) granted me authority as an agent or successor
agent in a power of attorney dated .
I further [certify] that to my knowledge:
(1) I am acting in good faith pursuant to the authority given under the power of attorney;
(2) The principal is alive and has not terminated, revoked, limited, or modified the power of attorney or my authority to act under the power of attorney; nor has the power of attorney or my authority to act under the power of attorney been terminated, revoked, limited, or modified by any other circumstances;
(3) When the power of attorney was signed, the principal was competent to execute it and was not under undue influence to sign;
(4) All events necessary to making the power of attorney effective have occurred;
(5) If I was married or a registered domestic partner of the principal when the power of attorney was executed, there has been no subsequent dissolution, annulment, or legal separation, and no action is pending for the dissolution of the marriage or domestic partnership or for legal separation;
(6) If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(7) If I was named as a successor agent, the prior agent is no longer able or willing to serve, or the conditions stated in the power of attorney that cause me to become the acting agent have occurred; and
(8) _____
_____
_____
_____
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
_____
Agent's Signature
_____
Date
_____
Agent's Name Printed
_____
_____
Agent's Address
_____
Agent's Telephone Number
This document was acknowledged before me on _____,
(Date)
by _____
(Name of Agent)
_____
Signature of Notary
(Seal, if any)
My commission expires: _____
[This document prepared by:
_____]
[ 2016 c 209 § 301.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.900 - Application—Uniformity—2016 c 209.

RCW 11.125.900
Application—Uniformity—2016 c 209.
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 the states that enact it.
[ 2016 c 209 § 501.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.901 - Federal law application—Federal electronic signatures in global and national commerce act—2016 c 209.

RCW 11.125.901
Federal law application—Federal electronic signatures in global and national commerce act—2016 c 209.
Chapter 209, Laws of 2016 modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 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).
[ 2016 c 209 § 502.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.902 - Application—Dates—2016 c 209.

RCW 11.125.902
Application—Dates—2016 c 209.
Except as otherwise provided in chapter 209, Laws of 2016, on January 1, 2017:
(1) Chapter 209, Laws of 2016 applies to a power of attorney created before, on, or after January 1, 2017;
(2) Chapter 209, Laws of 2016 applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2017;
(3) Chapter 209, Laws of 2016 applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2017, unless the court finds that application of a provision of chapter 209, Laws of 2016 would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(4) An act done before January 1, 2017, is not affected by chapter 209, Laws of 2016.
[ 2016 c 209 § 503.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.903 - Effective date—2016 c 209.

RCW 11.125.903
Effective date—2016 c 209.
This act takes effect January 1, 2017.
[ 2016 c 209 § 506.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.001 - Intent.

RCW 11.130.001
Intent.
It is the intent of the legislature to protect the liberty and autonomy of all people of this state, and to enable them to exercise their rights under the law to the maximum extent, consistent with the capacity of each person. The legislature recognizes that people with incapacities have unique abilities and needs, and that some people with incapacities cannot exercise their rights or provide for their basic needs without the help of a guardian. However, their liberty and autonomy should be restricted through guardianship, conservatorship, emergency guardianship, emergency conservatorship, and other protective arrangements only to the minimum extent necessary to adequately provide for their own health or safety, or to adequately manage their financial affairs.
[ 2020 c 312 § 801.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.005 - Short title.

RCW 11.130.005
Short title.
This chapter may be cited as the uniform guardianship, conservatorship, and other protective arrangements act.
[ 2019 c 437 § 101.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.015 - Supplemental principles of law and equity applicable.

RCW 11.130.015
Supplemental principles of law and equity applicable.
Unless displaced by a particular provision of this chapter, the principles of law and equity supplement its provisions.
[ 2019 c 437 § 103.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.020 - Subject matter jurisdiction.

RCW 11.130.020
Subject matter jurisdiction.
(1) Except to the extent jurisdiction is precluded by the uniform child custody jurisdiction and enforcement act (chapter 26.27 RCW), the superior court of each county has jurisdiction over a guardianship for a minor domiciled or present in this state. The court has jurisdiction over a conservatorship or protective arrangement instead of conservatorship for a minor domiciled or having property in this state.
(2) The superior court of each county has jurisdiction over a guardianship, conservatorship, or protective arrangement under Article 5 of this chapter for an adult as provided in the uniform adult guardianship and protective proceedings jurisdiction act (chapter 11.90 RCW).
(3) After notice is given in a proceeding for a guardianship, conservatorship, or protective arrangement under Article 5 of this chapter and until termination of the proceeding, the court in which the petition is filed has:
(a) Exclusive jurisdiction to determine the need for the guardianship, conservatorship, or protective arrangement;
(b) Exclusive jurisdiction to determine how property of the respondent must be managed, expended, or distributed to or for the use of the respondent, an individual who is dependent in fact on the respondent, or other claimant;
(c) Nonexclusive jurisdiction to determine the validity of a claim against the respondent or property of the respondent or a question of title concerning the property; and
(d) If a guardian or conservator is appointed, exclusive jurisdiction over issues related to administration of the guardianship or conservatorship.
(4) A court that appoints a guardian or conservator, or authorizes a protective arrangement under Article 5 of this chapter, has exclusive and continuing jurisdiction over the proceeding until the court terminates the proceeding or the appointment or protective arrangement expires by its terms.
[ 2019 c 437 § 104.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.025 - Transfer of proceeding.

RCW 11.130.025
Transfer of proceeding.
(1) This section does not apply to a guardianship or conservatorship for an adult that is subject to the transfer provisions of the uniform adult guardianship and protective proceedings jurisdiction act (chapter 11.90 RCW).
(2) After appointment of a guardian or conservator, the court that made the appointment may transfer the proceeding to a court in another county in this state or another state if transfer is in the best interest of the individual subject to the guardianship or conservatorship.
(3) If a proceeding for a guardianship or conservatorship is pending in another state or a foreign country and a petition for guardianship or conservatorship for the same individual is filed in a court in this state, the court shall notify the court in the other state or foreign country and, after consultation with that court, assume or decline jurisdiction, whichever is in the best interest of the respondent.
(4) A guardian or conservator appointed in another state or country may petition the court for appointment as a guardian or conservator in this state for the same individual if jurisdiction in this state is or will be established. The appointment may be made on proof of appointment in the other state or foreign country and presentation of a certified copy of the part of the court record in the other state or country specified by the court in this state.
(5) Notice of hearing on a petition under subsection (4) of this section, together with a copy of the petition, must be given to the respondent, if the respondent is at least twelve years of age at the time of the hearing, and to the persons that would be entitled to notice if the procedures for appointment of a guardian or conservator under this chapter were applicable. The court shall make the appointment unless it determines the appointment would not be in the best interest of the respondent.
(6) Not later than fourteen days after appointment under subsection (5) of this section, the guardian or conservator shall give a copy of the order of appointment to the individual subject to guardianship or conservatorship, if the individual is at least twelve years of age, and to all persons given notice of the hearing on the petition.
[ 2019 c 437 § 105.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.030 - Venue.

RCW 11.130.030
Venue.
(1) Venue for a guardianship proceeding for a minor is in:
(a) The county in which the minor resides or is present at the time the proceeding commences; or
(b) The county in which another proceeding concerning the custody or parental rights of the minor is pending.
(2) Venue for a guardianship proceeding or protective arrangement instead of guardianship for an adult is in:
(a) The county in which the respondent resides;
(b) If the respondent has been admitted to an institution by court order, the county in which the court is located; or
(c) If the proceeding is for appointment of an emergency guardian for an adult, the county in which the respondent is present.
(3) Venue for a conservatorship proceeding or protective arrangement instead of conservatorship is in:
(a) The county in which the respondent resides, whether or not a guardian has been appointed in another county or other jurisdiction; or
(b) If the respondent does not reside in this state, in any county in which property of the respondent is located.
(4) If proceedings under this chapter are brought in more than one county, the court of the county in which the first proceeding is brought has the exclusive right to proceed unless the court determines venue is properly in another court or the interest of justice otherwise requires transfer of the proceeding.
[ 2019 c 437 § 106.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.035 - Practice in court.

RCW 11.130.035
Practice in court.
(1) Except as otherwise provided in this chapter, the rules of evidence and civil procedure, including rules concerning appellate review, govern a proceeding under this chapter.
(2) If proceedings for a guardianship, conservatorship, or protective arrangement under Article 5 of this chapter for the same individual are commenced or pending in the same court, the proceedings may be consolidated.
(3) An adult respondent may demand a jury trial in a proceeding under this chapter on the issue of whether a basis exists for the appointment of a guardian under RCW 11.130.265 or a conservator under RCW 11.130.360(2) and on the rights to be retained or restricted if a guardian or conservator is appointed.
(4) Upon the motion of the respondent or the court visitor, prior to the appointment of a guardian or a conservator or the establishment of a protective arrangement for an adult, or upon the motion of the respondent, guardian, conservator, or any notice party subsequent to such appointment, whenever it appears that the adult respondent could benefit from mediation, the court may require the petitioner, adult respondent, guardian, conservator, and any notice party to participate in mediation pursuant to RCW 11.96A.300.
[ 2020 c 312 § 302; 2019 c 437 § 107.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.037 - Presumption of legal capacity.

RCW 11.130.037
Presumption of legal capacity.
For the purposes of this chapter, an adult is presumed to have legal capacity.
[ 2020 c 312 § 226.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.040 - Letters of office.

RCW 11.130.040
Letters of office.
(1) The court shall issue letters of guardianship to a guardian on filing by the guardian of an acceptance of appointment.
(2) The court shall issue letters of conservatorship to a conservator on filing by the conservator of an acceptance of appointment and filing of any required bond or compliance with any other verified receipt required by the court.
(3) Limitations on the powers of a guardian or conservator or on the property subject to conservatorship must be included on the form prescribed by RCW 11.130.660.
(4) The court at any time may limit the powers conferred on a guardian or conservator. The court shall issue new letters of office to reflect the limitation.
(5) A guardian or conservator may not act on behalf of a person under guardianship or conservatorship without valid letters of office.
(6) The clerk of the superior court shall issue letters of guardianship or conservatorship in or substantially in the same form as set forth in RCW 11.130.660.
(7) Letters of office issued to a guardian or conservator who is a nonresident of this state must include the name and contact information for the resident agent of the guardian or conservator, appointed pursuant to RCW 11.130.090(1)(c).
(8) This chapter does not affect the validity of letters of office issued under *chapter 11.88 RCW prior to January 1, 2022.
[ 2021 c 65 § 104; 2020 c 312 § 303; 2019 c 437 § 108.]
NOTES:
*Reviser's note: Chapter 11.88 RCW was repealed by 2020 c 312 § 904, effective January 1, 2022.
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.045 - Effect of acceptance of appointment.

RCW 11.130.045
Effect of acceptance of appointment.
On acceptance of appointment, a guardian or conservator submits to personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship.
[ 2019 c 437 § 109.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.050 - Co-guardian—Co-conservator.

RCW 11.130.050
Co-guardian—Co-conservator.
(1) The court at any time may appoint a co-guardian or co-conservator to serve immediately or when a designated event occurs.
(2) A co-guardian or co-conservator appointed to serve immediately may act when that co-guardian or co-conservator complies with RCW 11.130.040.
(3) A co-guardian or co-conservator appointed to serve when a designated event occurs may act when:
(a) The event occurs; and
(b) That co-guardian or co-conservator complies with RCW 11.130.040.
(4) Unless an order of appointment under subsection (1) of this section or subsequent order states otherwise, co-guardians or co-conservators shall make decisions jointly.
[ 2019 c 437 § 110.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.055 - Judicial appointment of successor guardian or successor conservator.

RCW 11.130.055
Judicial appointment of successor guardian or successor conservator.
(1) The court at any time may appoint a successor guardian or successor conservator to serve immediately or when a designated event occurs.
(2) A person entitled under RCW 11.130.190 or 11.130.270 to petition the court to appoint a guardian may petition the court to appoint a successor guardian. A person entitled under RCW 11.130.365 to petition the court to appoint a conservator may petition the court to appoint a successor conservator.
(3) A successor guardian or successor conservator appointed to serve when a designated event occurs may act as guardian or conservator when:
(a) The event occurs; and
(b) The successor complies with RCW 11.130.040.
(4) A successor guardian or successor conservator has the predecessor's powers unless otherwise provided by the court.
[ 2019 c 437 § 111.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.060 - Effect of death, removal, or resignation of guardian or conservator.

RCW 11.130.060
Effect of death, removal, or resignation of guardian or conservator.
(1) Appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator, or when the court under subsection (2) of this section approves a resignation of the guardian or conservator.
(2) A guardian or conservator must petition the court to resign. The petition may include a request that the court appoint a successor. Resignation of a guardian or conservator is effective on the date the resignation is approved by the court.
(3) Death, removal, or resignation of a guardian or conservator does not affect liability for a previous act or the obligation to account for:
(a) An action taken on behalf of the individual subject to guardianship or conservatorship; or
(b) The individual's funds or other property.
[ 2019 c 437 § 112.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.065 - Notice of hearing generally.

RCW 11.130.065
Notice of hearing generally.
(1) Except as otherwise provided in RCW 11.130.195, 11.130.220, 11.130.275, 11.130.370, and 11.130.600, if notice of a hearing under this chapter is required, the movant shall give notice of the date, time, and place of the hearing to the person to be notified unless otherwise ordered by the court for good cause. Except as otherwise provided in this chapter, notice must be given in compliance with the local superior court's rule of civil procedure at least fourteen days before the hearing.
(2) Proof of notice of a hearing under this chapter must be made before or at the hearing and filed in the proceeding.
(3) Notice of a hearing under this chapter must be in at least sixteen-point font, in plain language, and, to the extent feasible, in a language in which the person to be notified is proficient.
[ 2019 c 437 § 113.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.070 - Waiver of notice.

RCW 11.130.070
Waiver of notice.
(1) Except as otherwise provided in subsection (2) of this section, a person may waive notice under this chapter in a record signed by the person or person's attorney and filed in the proceeding.
(2) A respondent, individual subject to guardianship, individual subject to conservatorship, or individual subject to a protective arrangement under Article 5 of this chapter may not waive notice under this chapter.
[ 2019 c 437 § 114.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.075 - Guardian ad litem.

RCW 11.130.075
Guardian ad litem.
The court at any time may appoint a guardian ad litem for an individual if the court determines the individual's interest otherwise would not be adequately represented. If no conflict of interest exists, a guardian ad litem may be appointed to represent multiple individuals or interests. The guardian ad litem may not be the same individual as the attorney representing the respondent. The court shall state the duties of the guardian ad litem and the reasons for the appointment.
[ 2019 c 437 § 115.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.080 - Request for notice.

RCW 11.130.080
Request for notice.
(1) A person may file with the court a request for notice under this chapter if the person is:
(a) Not otherwise entitled to notice; and
(b) Interested in the welfare of a respondent, individual subject to guardianship or conservatorship, or individual subject to a protective arrangement under Article 5 of this chapter.
(2) A request under subsection (1) of this section must include a statement showing the interest of the person making the request and the address of the person or an attorney for the person to whom notice is to be given.
(3) If the court approves a request under subsection (1) of this section, the approved individual shall give notice of the approval to the guardian or conservator, if one has been appointed, or the respondent if no guardian or conservator has been appointed.
[ 2020 c 312 § 312; 2019 c 437 § 116.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.085 - Disclosure of bankruptcy or criminal history.

RCW 11.130.085
Disclosure of bankruptcy or criminal history.
(1) Before accepting appointment as a guardian or conservator, a person shall disclose to the court whether the person:
(a) Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding;
(b) Has been convicted of:
(i) A felony;
(ii) A crime involving dishonesty, neglect, violence, or use of physical force; or
(iii) Other crimes relevant to the functions the individual would assume as guardian or conservator; or
(c) Has any court finding of a breach of fiduciary duty or a violation of any state's consumer protection act, or violation of any other statute proscribing unfair or deceptive acts or practices in the conduct of any business.
(2) A guardian or conservator that engages or anticipates engaging an agent the guardian or conservator knows has been convicted of a felony, a crime involving dishonesty, neglect, violence, or use of physical force, or other crimes relevant to the functions the agent is being engaged to perform promptly shall disclose that knowledge to the court.
(3) If a conservator engages or anticipates engaging an agent to manage finances of the individual subject to conservatorship and knows the agent is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding, the conservator promptly shall disclose that knowledge to the court.
(4) If a guardian or conservator that engages or anticipates engaging an agent and knows the agent has any court finding of a breach of fiduciary duty or a violation of any state's consumer protection act, or violation of any other statute proscribing unfair or deceptive acts or practices in the conduct of any business, the guardian or conservator promptly shall disclose that knowledge to the court.
(5) A court may not be able to access certain databases. The parties and not the court are responsible for confirming the accuracy of what is represented.
[ 2022 c 243 § 6; 2019 c 437 § 117.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.095 - Multiple nominations.

RCW 11.130.095
Multiple nominations.
If a respondent or other person makes more than one nomination of a guardian or conservator, the latest in time governs.
[ 2019 c 437 § 119.]