reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.100 - Compensation and expenses—In general.

RCW 11.130.100
Compensation and expenses—In general.
(1) Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this chapter is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the respondent.
(2) Unless otherwise compensated or reimbursed, an attorney or other person whose services resulted in an order beneficial to an individual subject to guardianship or conservatorship or for whom a protective arrangement under Article 5 of this chapter was ordered is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the individual.
(3) Where the person subject to guardianship or conservatorship is a department of social and health services client, or health care authority client, and is required to contribute a portion of their income towards the cost of long-term care services or room and board, the amount of compensation or reimbursement shall not exceed the amount allowed by the department of social and health services or health care authority by rule.
(4) Where the person subject to guardianship or conservatorship receives guardianship, conservatorships, or other protective services from the *office of public guardianship, the amount of compensation or reimbursement shall not exceed the amount allowed by the *office of public guardianship.
(5) The court must approve compensation and expenses payable under this section before payment. Approval is not required before a service is provided or an expense is incurred.
(6) If the court dismisses a petition under this chapter and determines the petition was filed in bad faith, the court may assess the cost of any court-ordered professional evaluation or court visitor against the petitioner.
[ 2020 c 312 § 304; 2019 c 437 § 120.]
NOTES:
*Reviser's note: The "office of public guardianship" was renamed the "office of public guardianship and conservatorship" by 2020 c 312 § 403, effective January 1, 2022.
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. › 11.130.110 - Liability of guardian or conservator for act of individual subject to guardianship or conservatorship.

RCW 11.130.110
Liability of guardian or conservator for act of individual subject to guardianship or conservatorship.
A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the individual subject to guardianship or conservatorship.
[ 2019 c 437 § 122.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.115 - Petition after appointment for instruction or ratification.

RCW 11.130.115
Petition after appointment for instruction or ratification.
(1) A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservatorship.
(2) Fourteen days after notice of a petition under subsection (1) of this section, the court may give an instruction and issue an appropriate order.
(3) The petitioner must provide reasonable notice of the petition and hearing to the individual subject to a guardianship or conservatorship and any notice party.
[ 2020 c 312 § 306; 2019 c 437 § 123.]
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. › 11.130.120 - Third-party acceptance of authority of guardian or conservator.

RCW 11.130.120
Third-party acceptance of authority of guardian or conservator.
(1) A person must not recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if:
(a) The person has actual knowledge or a reasonable belief that the letters of office of the guardian or conservator are invalid or the conservator or guardian is exceeding or improperly exercising authority granted by the court; or
(b) The person has actual knowledge that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.
(2) A person may refuse to recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if:
(a) The guardian's or conservator's proposed action would be inconsistent with this chapter; or
(b) The person makes, or has actual knowledge that another person has made, a report to the department of children, youth, and families or the department of social and health services stating a good faith belief that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.
(3) A person that refuses to accept the authority of a guardian or conservator in accordance with subsection (2) of this section may report the refusal and the reason for refusal to the court. The court on receiving the report shall consider whether removal of the guardian or conservator or other action is appropriate.
(4) A guardian or conservator may petition the court to require a third party to accept a decision made by the guardian or conservator on behalf of the individual subject to guardianship or conservatorship.
(5) If the court determines that a third party has failed to recognize the legitimate authority of a guardian or conservator, or requires a third party to accept a decision made by the guardian on behalf of the individual subject to guardianship, the court may order that third party to compensate the guardian or conservator, for the time spent only to the extent the court determines the opposition was reasonably necessary to protect the interests of the individual subject to guardianship.
[ 2020 c 312 § 313; 2019 c 437 § 124.]
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. › 11.130.125 - Use of agent by guardian or conservator.

RCW 11.130.125
Use of agent by guardian or conservator.
(1) Except as otherwise provided in subsection (3) of this section, a guardian or conservator may delegate a power to an agent which a prudent guardian or conservator of comparable skills could delegate prudently under the circumstances if the delegation is consistent with the guardian's or conservator's fiduciary duties and the guardian's plan under RCW 11.130.340 or the conservator's plan under RCW 11.130.510.
(2) In delegating a power under subsection (1) of this section, the guardian or conservator shall exercise reasonable care, skill, and caution in:
(a) Selecting the agent;
(b) Establishing the scope and terms of the agent's work in accordance with the guardian's plan under RCW 11.130.340 or the conservator's plan under RCW 11.130.510;
(c) Monitoring the agent's performance and compliance with the delegation;
(d) Redressing an act or omission of the agent which would constitute a breach of the guardian's or conservator's duties if done by the guardian or conservator; and
(e) Ensuring a background check is conducted on the agent, or conducted on persons employed by the agent when those persons are providing services to the individual subject to a guardianship or conservatorship.
(3) A guardian or conservator may not delegate all powers to an agent.
(4) In performing a power delegated under this section, an agent shall:
(a) Exercise reasonable care to comply with the terms of the delegation and use reasonable care in the performance of the power; and
(b) If the guardian or conservator has delegated to the agent the power to make a decision on behalf of the individual subject to guardianship or conservatorship, use the same decision-making standard the guardian or conservator would be required to use.
(5) By accepting a delegation of a power under subsection (1) of this section from a guardian or conservator, an agent submits to the personal jurisdiction of the courts of this state in an action involving the agent's performance as agent.
(6) A guardian or conservator that delegates and monitors a power in compliance with this section is not liable for the decision, act, or omission of the agent.
[ 2019 c 437 § 125.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.130 - Temporary substitute guardian or conservator.

RCW 11.130.130
Temporary substitute guardian or conservator.
(1) The court may appoint a temporary substitute guardian for an individual subject to guardianship for a period not exceeding six months if:
(a) A proceeding to remove a guardian for the individual is pending; or
(b) The court finds a guardian is not effectively performing the guardian's duties and the welfare of the individual requires immediate action.
(2) The court may appoint a temporary substitute conservator for an individual subject to conservatorship for a period not exceeding six months if:
(a) A proceeding to remove a conservator for the individual is pending; or
(b) The court finds that a conservator for the individual is not effectively performing the conservator's duties and the welfare of the individual or the conservatorship estate requires immediate action.
(3) The court shall hold a hearing to appoint a temporary substitute guardian pursuant to subsection (1)(a) or (b) of this section, or to appoint a temporary substitute conservator pursuant to subsection (2)(a) or (b) of this section. The court shall give notice under RCW 11.130.065 to the adult subject to guardianship or conservatorship and to any other person the court determines should receive notice. The adult subject to guardianship or conservatorship shall have the right to attend the hearing and to be represented by counsel of the adult subject to guardianship or conservatorship's choosing.
(4) Except as otherwise ordered by the court, a temporary substitute guardian or temporary substitute conservator appointed under this section has the powers stated in the order of appointment of the guardian or conservator. The authority of the existing guardian or conservator is suspended for as long as the temporary substitute guardian or conservator has authority.
(5) The court shall give notice of appointment of a temporary substitute guardian or temporary substitute conservator, not later than five days after the appointment, to:
(a) The individual subject to guardianship or conservatorship;
(b) The affected guardian or conservator; and
(c) In the case of a minor, each parent of the minor and any person currently having care or custody of the minor.
(6) The court may remove a temporary substitute guardian or temporary substitute conservator at any time. The temporary substitute guardian or temporary substitute conservator shall make any report the court requires.
[ 2019 c 437 § 126.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.135 - Registration of order—Effect.

RCW 11.130.135
Registration of order—Effect.
(1) If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court, may register the guardianship order in this state by filing as a foreign judgment, in a court of an appropriate county of this state, certified copies of the order and letters of office.
(2) If a conservator has been appointed in another state for an individual, and a petition for conservatorship for the individual is not pending in this state, the conservator appointed for the individual in the other state, after giving notice to the appointing court, may register the conservatorship in this state by filing as a foreign judgment, in a court of a county in which property belonging to the individual subject to conservatorship is located, certified copies of the order of conservatorship, letters of office, and any bond or other verified receipt required by the court.
(3) On registration under this section of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order except as prohibited by this chapter and law of this state other than this chapter. If the guardian or conservator is not a resident of this state, the guardian or conservator may maintain an action or proceeding in this state subject to any condition imposed by this state on an action or proceeding by a nonresident party.
(4) The court may grant any relief available under this chapter and law of this state other than this chapter to enforce an order registered under this section.
[ 2019 c 437 § 127.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.145 - Delegation by parent.

RCW 11.130.145
Delegation by parent.
Except as otherwise provided in RCW 11.125.410, a parent of a minor, by a power of attorney, may delegate to another person for a period not exceeding twenty-four months any of the parent's powers regarding care, custody, or property of the minor, other than power to consent to marriage or adoption.
[ 2019 c 437 § 129.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.150 - Ex parte communications—Removal.

RCW 11.130.150
Ex parte communications—Removal.
A guardian ad litem or visitor shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem or visitor who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.
[ 2019 c 437 § 130.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.160 - Guardianship/conservatorship summary.

RCW 11.130.160
Guardianship/conservatorship summary.
Every order appointing a guardian or conservator and every court order approving accounts or reports filed by a guardian or conservator must include a guardianship/conservatorship summary placed directly below the case caption or on a separate cover page in or substantially in the same form as set forth in RCW 11.130.665.
[ 2019 c 437 § 132.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.165 - Guardianship/conservatorship courthouse facilitator program.

RCW 11.130.165
Guardianship/conservatorship courthouse facilitator program.
A county may create a guardianship/conservatorship courthouse facilitator program to provide basic services to pro se litigants in guardianship and conservatorship cases. The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars, or both, on superior court cases filed under this chapter, chapter 11.90 RCW, and chapter 73.36 RCW to pay for the expenses of the guardianship/conservatorship courthouse facilitator program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate guardianship/conservatorship courthouse facilitator account to be used as provided in this section.
[ 2019 c 437 § 133.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.170 - Filing fee.

RCW 11.130.170
Filing fee.
(1)(a) The attorney general may petition for the appointment of a guardian, conservator, or other protective arrangement under RCW 11.130.270, 11.130.365, and 11.130.595 in which there is cause to believe that a guardianship, conservatorship, or protective arrangement is necessary and no private party is able and willing to petition.
(b) Prepayment of a filing fee shall not be required in any guardianship, conservatorship, or protective arrangement proceeding brought by the attorney general. Payment of the filing fee shall be ordered from the estate of the respondent person at the hearing on the merits of the petition, unless in the judgment of the court, such payment would impose a hardship upon the respondent, in which case the filing shall be waived.
(2) No filing fee shall be charged by the court for filing a petition for guardianship, conservatorship, or other protective arrangement filed under RCW 11.130.270, 11.130.365, and 11.130.595 if the petition alleges that the respondent has total assets of a value of less than three thousand dollars.
(3) No filing fee shall be charged by the court for filing a petition for guardianship or conservatorship filed under Article 2 of this chapter, where the potential guardian is a relative and not a professional guardian or conservator.
[ 2019 c 437 § 134.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.175 - Guardianships involving veterans.

RCW 11.130.175
Guardianships involving veterans.
For guardianships involving veterans see chapter 73.36 RCW.
[ 2019 c 437 § 135.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.180 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 11.130.180
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and relative shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2019 c 437 § 136.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.185 - Basis for appointment of guardian for minor.

RCW 11.130.185
Basis for appointment of guardian for minor.
(1) A person becomes a guardian for a minor only on appointment by the court.
(2) The court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor's best interest and:
(a) Each parent of the minor, after being fully informed of the nature and consequences of guardianship, consents;
(b) All parental rights have been terminated; or
(c) There is clear and convincing evidence that no parent of the minor is willing or able to exercise parenting functions as defined in RCW 26.09.004.
[ 2020 c 312 § 101; 2019 c 437 § 201.]
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. › 11.130.190 - Petition for appointment of guardian for minor.

RCW 11.130.190
Petition for appointment of guardian for minor.
(1) A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor.
(2) A petition under subsection (1) of this section must state the petitioner's name, principal residence, current street address, if different, relationship to the minor, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following:
(a) The minor's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the minor will reside if the appointment is made;
(b) The name and current street address of the minor's parents;
(c) The name and address, if known, of each person that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition;
(d) The name and address of any attorney for the minor and any attorney for each parent of the minor;
(e) The legal basis for the guardianship. Factual reasons why the guardianship is sought and would be in the best interest of the minor shall be set out in a separate supplemental declaration;
(f) The name and address of any proposed guardian and the reason the proposed guardian should be selected;
(g) If the minor has property other than personal effects, a general statement of the minor's property with an estimate of its value;
(h) Whether the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings;
(i) Whether any parent of the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; and
(j) Whether any other proceeding concerning the care or custody of the minor is pending in any court in this state or another jurisdiction.
(3) The court may, upon a showing of good cause, order that the information concerning the reasons for the guardianship contained in the supplemental declaration to the petition and all subsequently filed pleadings and evidence by any party not be served on the minor if the minor is unrepresented. A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record.
(4) Courts may develop forms for the purpose of filing petitions under subsection (1) of this section.
[ 2020 c 312 § 102; 2019 c 437 § 202.]
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. › 11.130.200 - Attorney for minor or parent.

RCW 11.130.200
Attorney for minor or parent.
(1) The court is not required, but may appoint an attorney to represent a minor who is the subject of a proceeding under RCW 11.130.190 if:
(a) Requested by the minor and the minor is twelve years of age or older;
(b) Recommended by a guardian ad litem; or
(c) The court determines the minor needs representation.
(2) An attorney appointed under subsection (1) of this section shall:
(a) Make a reasonable effort to ascertain the minor's wishes;
(b) Advocate for the minor's wishes to the extent reasonably ascertainable; and
(c) If the minor's wishes are not reasonably ascertainable, advocate for the minor's legal rights.
(3) A minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the minor in the proceeding.
(4) A parent of a minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the parent in the proceeding.
(5) The court must appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190 if:
(a) The parent has appeared in the proceeding;
(b) The parent is indigent; and
(c) Any of the following is true:
(i) The parent objects to appointment of a guardian for the minor; or
(ii) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or
(iii) The court otherwise determines the parent needs representation.
(6) The court must inquire about whether a parent is indigent to ensure that counsel is appointed in a timely manner. For purposes of this section, "indigent" has the same meaning as under RCW 10.101.010.
(7) The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190, even if the parent is not indigent, if:
(a) The parent objects to appointment of a guardian for the minor;
(b) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or
(c) The court otherwise determines that the parent needs representation.
(8) A party represented by an attorney in proceedings under this article has the right to introduce evidence, to be heard in his or her own behalf, and to examine witnesses. If a party to an action under this article is represented by counsel, no order may be provided to that party for signature without prior notice and provision of the order to counsel.
[ 2019 c 437 § 204.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.205 - Attendance and participation at hearing for appointment of guardian for minor.

RCW 11.130.205
Attendance and participation at hearing for appointment of guardian for minor.
(1) The court shall allow a minor who is the subject of a hearing under RCW 11.130.195 to attend the hearing and allow the minor to participate in the hearing unless the court determines that:
(a) The minor lacks the ability or maturity to participate meaningfully in the hearing; or
(b) Attendance would be harmful to the minor.
(2) Unless excused by the court for good cause, the person proposed to be appointed as guardian for a minor shall attend a hearing under RCW 11.130.195.
(3) Each parent of a minor who is the subject of a hearing under RCW 11.130.195 has the right to attend the hearing.
(4) A person may request permission to participate in a hearing under RCW 11.130.195. The court may grant the request, with or without hearing, on determining that it is in the best interest of the minor who is the subject of the hearing. The court may impose appropriate conditions on the person's participation.
[ 2020 c 312 § 104; 2019 c 437 § 205.]
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. › 11.130.210 - Custody orders—Background information to be consulted.

RCW 11.130.210
Custody orders—Background information to be consulted.
(1) Before granting any order under this chapter, the court must consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child.
(2) Before entering a final order, the court must:
(a) Direct the department of children, youth, and families to release information regarding all proposed guardians and all adult members of any proposed guardian's household as provided under RCW 13.50.100; and
(b) Require the petitioner to provide the results of an examination of state and national criminal identification data provided by the Washington state patrol criminal identification system as described in chapter 43.43 RCW for all proposed guardians as well as all adult members of the proposed guardian's household.
[ 2022 c 243 § 7; 2020 c 312 § 105; 2019 c 437 § 206.]
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. › 11.130.225 - Emergency guardian for minor.

RCW 11.130.225
Emergency guardian for minor.
(1) On its own, on motion when a guardianship petition is filed under RCW 11.130.190, or on petition by a person interested in a minor's welfare, including the minor, the court may appoint an emergency guardian for the minor if the court finds:
(a) Appointment of an emergency guardian is likely to prevent substantial harm to the minor's health, safety, or welfare; and
(b) No other person appears to have authority, ability, and the willingness to act to prevent substantial harm to the minor's health, safety, or welfare.
(2) The duration of authority of an emergency guardian for a minor may not exceed sixty days and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended once for not more than sixty days if the court finds that the conditions for appointment of an emergency guardian in subsection (1) of this section continue.
(3) Except as otherwise provided in subsection (4) of this section, reasonable notice of the date, time, and place of a hearing on a motion for or a petition for appointment of an emergency guardian for a minor must be given to:
(a) The minor, if the minor is twelve years of age or older;
(b) Any attorney appointed under RCW 11.130.200;
(c) Each parent of the minor;
(d) Any person, other than a parent, having care or custody of the minor; and
(e) Any other person the court determines.
(4) The court may appoint an emergency guardian for a minor without notice under subsection (3) of this section and a hearing only if the court finds from an affidavit or testimony that the minor's health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without notice to an unrepresented minor or the attorney for a represented minor, notice of the appointment must be given not later than forty-eight hours after the appointment to the individuals listed in subsection (3) of this section. Not later than five days after the appointment, the court shall hold a hearing on the appropriateness of the appointment.
(5) Appointment of an emergency guardian under this section, with or without notice, is not a determination that a basis exists for appointment of a guardian under RCW 11.130.185.
(6) The court may remove an emergency guardian appointed under this section at any time. The emergency guardian shall make any report the court requires.
(7) Notwithstanding subsection (2) of this section, the court may extend an emergency guardianship pending the outcome of a full hearing under RCW 11.130.190 or 11.130.220.
(8) If a petition for guardianship under RCW 11.130.215 is pending, or is subsequently filed after a petition under this section, the cases shall be linked or consolidated.
[ 2022 c 243 § 1; 2020 c 312 § 108; 2019 c 437 § 209.]
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. › 11.130.230 - Duties of guardian for minor.

RCW 11.130.230
Duties of guardian for minor.
(1) A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare. A guardian shall act in the minor's best interest and exercise reasonable care, diligence, and prudence.
(2) A guardian for a minor shall:
(a) Be personally acquainted with the minor and maintain sufficient contact with the minor to know the minor's abilities, limitations, needs, opportunities, and physical and mental health;
(b) Take reasonable care of the minor's personal effects and bring a proceeding for a conservatorship or protective arrangement instead of conservatorship if necessary to protect other property of the minor;
(c) Expend funds of the minor which have been received by the guardian for the minor's current needs for support, care, education, health, safety, and welfare;
(d) Conserve any funds of the minor not expended under (c) of this subsection for the minor's future needs, but if a conservator is appointed for the minor, pay the funds at least quarterly to the conservator to be conserved for the minor's future needs;
(e) Report the condition of the minor and account for funds and other property of the minor in the guardian's possession or subject to the guardian's control, if ordered by the court on its own motion or on application of a person interested in the minor's welfare;
(f) Inform the court of any change in the minor's dwelling or address; and
(g) In determining what is in the minor's best interest, take into account the minor's preferences to the extent actually known or reasonably ascertainable by the guardian.
[ 2020 c 312 § 109; 2019 c 437 § 210.]
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. › 11.130.235 - Powers of guardian for minor.

RCW 11.130.235
Powers of guardian for minor.
(1) Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor's support, care, education, health, safety, and welfare.
(2) Except as otherwise limited by court order, a guardian for a minor may:
(a) Apply for and receive funds and benefits otherwise payable for the support of the minor to the minor's parent, guardian, or custodian under a statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;
(b) Unless inconsistent with a court order entitled to recognition in this state, take custody of the minor and establish the minor's place of dwelling in this state and, after following the process in RCW 26.09.405 through 26.09.560 and on authorization of the court, establish or move the minor's dwelling outside this state;
(c) If the minor is not subject to conservatorship, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the minor, pay child support, or make other payments for the benefit of the minor;
(d) Consent to health or other care, treatment, or service for the minor; or
(e) To the extent reasonable, delegate to the minor responsibility for a decision affecting the minor's well-being.
(3) The court may authorize a guardian for a minor to consent to the adoption of the minor if the minor does not have a parent.
[ 2019 c 437 § 211.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.240 - Removal of guardian for minor—Termination of guardianship—Appointment of successor.

RCW 11.130.240
Removal of guardian for minor—Termination of guardianship—Appointment of successor.
(1) Guardianship under this chapter for a minor terminates:
(a) On the minor's death, adoption, emancipation, or attainment of majority; or
(b) When the court finds that the basis in RCW 11.130.185 for appointment of a guardian no longer exists, unless the court finds that:
(i) Termination of the guardianship would be harmful to the minor; and
(ii) The minor's interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor.
(2) A minor subject to guardianship or a person interested in the welfare of the minor, including a parent, may petition the court to terminate the guardianship, modify the guardianship, remove the guardian and appoint a successor guardian, or remove a standby guardian and appoint a different standby guardian.
(3) A petitioner under subsection (2) of this section shall give notice of the hearing on the petition to the minor, if the minor is twelve years of age or older and is not the petitioner, the guardian, each parent of the minor, and any other person the court determines.
(4) The court shall follow the priorities in RCW 11.130.215(2) when selecting a successor guardian for a minor.
(5) Not later than thirty days after appointment of a successor guardian for a minor, the court shall give notice of the appointment to the minor subject to guardianship, if the minor is twelve years of age or older, each parent of the minor, and any other person the court determines.
(6) When terminating a guardianship for a minor under this section, the court may issue an order providing for transitional arrangements that will assist the minor with a transition of custody and is in the best interest of the minor.
(7) A guardian for a minor that is removed shall cooperate with a successor guardian to facilitate transition of the guardian's responsibilities and protect the best interest of the minor.
[ 2020 c 312 § 110; 2019 c 437 § 212.]
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. › 11.130.245 - Prior court order validity.

RCW 11.130.245
Prior court order validity.
(1) This chapter does not affect the validity of any court order issued under chapter 26.10 RCW prior to the repeal of chapter 26.10 RCW. Orders issued under chapter 26.10 RCW prior to the repeal of chapter 26.10 RCW, remain in effect and do not need to be reissued in a new order under this chapter.
(2) All orders issued under chapter 26.10 RCW prior to the effective date of chapter 437, Laws of 2019 remain operative after the effective date of chapter 437, Laws of 2019. After the effective date of chapter 437, Laws of 2019, if an order issued under chapter 26.10 RCW is modified, the modification is subject to the requirements of this chapter.
[ 2021 c 65 § 105; 2020 c 312 § 111; 2019 c 437 § 213.]
NOTES:
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. › 11.130.250 - Application of the Indian child welfare act.

RCW 11.130.250
Application of the Indian child welfare act.
(1) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in RCW 13.38.040. If the child is an Indian child, chapter 13.38 RCW shall apply.
(2) Every order or decree entered in any proceeding under this chapter shall contain a finding that the federal Indian child welfare act or chapter 13.38 RCW does or does not apply. Where there is a finding that the federal Indian child welfare act or chapter 13.38 RCW does apply, the decree or order must also contain a finding that all notice, evidentiary requirements, and placement preferences under the federal Indian child welfare act and chapter 13.38 RCW have been satisfied.
[ 2020 c 312 § 113; 2019 c 437 § 214.]
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. › 11.130.255 - Child support.

RCW 11.130.255
Child support.
In entering or modifying an order under this chapter, the court may order one or more parents of the child to pay an amount reasonable or necessary for the child's support pursuant to chapter 26.19 RCW.
[ 2019 c 437 § 215.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.259 - Order for relocation.

RCW 11.130.259
Order for relocation.
Any order for the relocation of a minor under a guardianship must comply with the notice requirements of RCW 26.09.430 through 26.09.490.
[ 2020 c 312 § 122.]
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. › 11.130.260 - Health insurance coverage—Conditions.

RCW 11.130.260
Health insurance coverage—Conditions.
(1) In entering or modifying a custody order under this chapter, the court must require one or more parents to maintain or provide health insurance coverage for any dependent child if the following conditions are met:
(a) Health insurance that can be extended to cover the child is available to that parent through an employer or other organization; and
(b) The employer or other organization offering health insurance will contribute all or a part of the premium for coverage of the child.
(2) A parent who is required to extend insurance coverage to a child under this section is liable for any covered health care costs for which the parent receives direct payment from an insurer.
(3) This section may not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums which are in addition to and not inconsistent with this section. "Health insurance" as used in this section does not include medical assistance provided under chapter 74.09 RCW.
[ 2019 c 437 § 216.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.265 - Basis for appointment of guardian for adult.

RCW 11.130.265
Basis for appointment of guardian for adult.
(1) On petition and after notice and hearing, the court may:
(a) Appoint a guardian for an adult if the court finds by clear and convincing evidence that:
(i) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making;
(ii) Appointment is necessary to prevent significant risk of harm to the adult respondent's physical health, safety, or self-care; and
(iii) The respondent's identified needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative; or
(b) With appropriate findings, treat the petition as one for a conservatorship under Article 4 of this chapter or protective arrangement under Article 5 of this chapter, issue any appropriate order, or dismiss the proceeding.
(2) The court shall grant a guardian appointed under subsection (1) of this section only those powers necessitated by the demonstrated needs and limitations of the respondent and issue orders that will encourage development of the respondent's maximum self-determination and independence. The court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship, or other less restrictive alternative would meet the needs of the respondent.
(3) A determination by the court that a basis exists under subsection (1) of this section for the appointment of a guardian and on the issue of the rights that will be retained or restricted by the appointment of a guardian is a legal decision, not a medical decision. The determination must be based on a demonstration of management insufficiencies over time in the area of physical health, safety, or self-care. Age, eccentricity, poverty, or medical diagnosis alone are not sufficient basis under subsection (1) of this section to justify a determination that a guardian should be appointed for the respondent.
[ 2020 c 312 § 308; 2019 c 437 § 301.]
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. › 11.130.275 - Notice of hearing for appointment of guardian for adult.

RCW 11.130.275
Notice of hearing for appointment of guardian for adult.
(1) All petitions filed under RCW 11.130.270 for appointment of a guardian for an adult shall be heard within sixty-days unless an extension of time is requested by a party or the court visitor within such sixty-day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing date.
(2)(a) A copy of a petition under RCW 11.130.270 and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.280 not more than five court days after the petition under RCW 11.130.270 has been filed.
(b) Notice under this subsection shall include a clear and easily readable statement of the legal rights of the respondent that could be restricted or transferred to a guardian by a guardianship order as well as the right to counsel of choice and to a jury trial on whether a basis exists under RCW 11.130.265 for the appointment of a guardian and the issue of the respondent's rights that will be retained or restricted if a guardian is appointed. Such notice must be in substantially the same form as set forth in RCW 11.130.657 and must be double-spaced and in a type size not smaller than sixteen point font. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent.
(3) In a proceeding on a petition under RCW 11.130.270, the notice required under subsection (2) of this section must be given to the persons required to be listed in the petition under RCW 11.130.270(2) (a) through (c) and any other notice party. Failure to give notice under this subsection does not preclude the court from appointing a guardian.
(4) After the appointment of a guardian, notice of a hearing on a petition for an order under this article, together with a copy of the petition, must be given to:
(a) The adult subject to guardianship;
(b) The guardian; and
(c) Any other notice party or person the court determines pursuant to RCW 11.130.310(5) or a subsequent court order.
[ 2020 c 312 § 201; 2019 c 437 § 303.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.