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. › 11.130.515 - Inventory—Records.

RCW 11.130.515
Inventory—Records.
(1) Not later than ninety days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits.
(2) A conservator shall give notice of the filing of an inventory to the individual subject to conservatorship, a person entitled to notice under RCW 11.130.420(6) or a subsequent order, and any other person the court determines. The notice must be given not later than fourteen days after the filing.
(3) A conservator shall keep records of the administration of the conservatorship estate and make them available for examination on reasonable request of the individual subject to conservatorship, a guardian for the individual, or any other person the conservator or the court determines.
[ 2020 c 312 § 220; 2019 c 437 § 420.]
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. › 11.130.525 - Distribution from conservatorship estate.

RCW 11.130.525
Distribution from conservatorship estate.
Except as otherwise provided in RCW 11.130.435 or qualified or limited in the court's order of appointment and stated in the letters of office, and unless contrary to a conservator's plan under RCW 11.130.510, the conservator may expend or distribute income or principal of the conservatorship estate without specific court authorization or confirmation for the support, care, education, health, or welfare of the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship, including the payment of child or spousal support, in accordance with the following rules:
(1) The conservator shall consider a recommendation relating to the appropriate standard of support, care, education, health, or welfare for the individual subject to conservatorship or individual who is dependent on the individual subject to conservatorship, made by a guardian for the individual subject to conservatorship, if any, and, if the individual subject to conservatorship is a minor, a recommendation made by a parent of the minor.
(2) The conservator acting in compliance with the conservator's duties under RCW 11.130.505 is not liable for an expenditure or distribution made based on a recommendation under subsection (1) of this section unless the conservator knows the expenditure or distribution is not in the best interest of the individual subject to conservatorship.
(3) In making an expenditure or distribution under this section, the conservator shall consider:
(a) The size of the conservatorship estate, the estimated duration of the conservatorship, and the likelihood the individual subject to conservatorship, at some future time, may be fully self-sufficient and able to manage the individual's financial affairs and the conservatorship estate;
(b) The accustomed standard of living of the individual subject to conservatorship and individual who is dependent on the individual subject to conservatorship;
(c) Other funds or source used for the support of the individual subject to conservatorship; and
(d) The preferences, values, and prior directions of the individual subject to conservatorship.
(4) Funds expended or distributed under this section may be paid by the conservator to any person, including the individual subject to conservatorship, as reimbursement for expenditures the conservator might have made, or in advance for services to be provided to the individual subject to conservatorship or individual who is dependent on the individual subject to conservatorship if it is reasonable to expect the services will be performed and advance payment is customary or reasonably necessary under the circumstances.
[ 2019 c 437 § 422.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.535 - Attempted transfer of property by individual subject to conservatorship.

RCW 11.130.535
Attempted transfer of property by individual subject to conservatorship.
(1) The interest of an individual subject to conservatorship in property included in the conservatorship estate is not transferable or assignable by the individual and is not subject to levy, garnishment, or similar process for claims against the individual unless allowed under RCW 11.130.555.
(2) If an individual subject to conservatorship enters into a contract after having the right to enter the contract removed by the court, the contract is void against the individual and the individual's property but is enforceable against the person that contracted with the individual.
(3) A person other than the conservator that deals with an individual subject to conservatorship with respect to property included in the conservatorship estate is entitled to protection provided by law of this state other than this chapter.
[ 2019 c 437 § 424.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.540 - Transaction involving conflict of interest.

RCW 11.130.540
Transaction involving conflict of interest.
A transaction involving a conservatorship estate which is affected by a substantial conflict between the conservator's fiduciary duties and personal interests is voidable unless the transaction is authorized by court order after notice to persons entitled to notice under RCW 11.130.420(6) or a subsequent order. A transaction affected by a substantial conflict includes a sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator, an individual with whom the conservator resides, the spouse, domestic partner, descendant, sibling, agent, or attorney of the conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest.
[ 2019 c 437 § 425.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.545 - Protection of person dealing with conservator.

RCW 11.130.545
Protection of person dealing with conservator.
(1) A person that assists or deals with a conservator in good faith and for value in any transaction, other than a transaction requiring a court order under RCW 11.130.435, is protected as though the conservator properly exercised any power in question. Knowledge by a person that the person is dealing with a conservator alone does not require the person to inquire into the existence of authority of the conservator or the propriety of the conservator's exercise of authority, but restrictions on authority stated in letters of office, or otherwise provided by law, are effective as to the person. A person that pays or delivers property to a conservator is not responsible for proper application of the property.
(2) Protection under subsection (1) of this section extends to a procedural irregularity or jurisdictional defect in the proceeding leading to the issuance of letters of office and does not substitute for protection for a person that assists or deals with a conservator provided by comparable provisions in law of this state other than this chapter relating to a commercial transaction or simplifying a transfer of securities by a fiduciary.
[ 2019 c 437 § 426.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.550 - Death of individual subject to conservatorship.

RCW 11.130.550
Death of individual subject to conservatorship.
(1) Upon the death of an individual subject to conservatorship, a conservator shall:
(a) Have authority to disburse or commit those funds under the control of the conservator as are prudent and within the means of the estate for the disposition of the deceased individual subject to conservatorship's remains. Consent for such arrangement must be secured according to RCW 68.50.160. If no person authorized by RCW 68.50.160 accepts responsibility for giving consent, the conservator may consent, subject to the provisions of this section and to the known directives of the deceased individual subject to conservatorship. Reasonable financial commitments made by a conservator pursuant to this section are binding against the estate of the deceased individual subject to conservatorship;
(b) Deliver to the court for safekeeping any will of the individual in the conservator's possession and inform the personal representative named in the will if feasible, or if not feasible, a beneficiary named in the will, of the delivery.
(2) If forty days after the death of an individual subject to conservatorship no personal representative has been appointed and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative to administer and distribute the decedent's estate. The conservator shall give notice of his or her appointment and the pendency of any probate proceedings as provided in RCW 11.28.237 and shall also give notice to a person nominated as personal representative by a will of the decedent of which the conservator is aware. The court may grant the application if there is no objection and endorse the letters of office to note that the individual formerly subject to conservatorship is deceased and the conservator has acquired the powers and duties of a personal representative.
(3) On the death of an individual subject to conservatorship, the conservator shall conclude the administration of the conservatorship estate as provided in RCW 11.130.570.
[ 2020 c 312 § 223; 2019 c 437 § 427.]
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. › 11.130.560 - Personal liability of conservator.

RCW 11.130.560
Personal liability of conservator.
(1) Except as otherwise agreed by a conservator, the conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the conservatorship estate unless the conservator fails to reveal the conservator's representative capacity in the contract or before entering into the contract.
(2) A conservator is personally liable for an obligation arising from control of property of the conservatorship estate or an act or omission occurring in the course of administration of the conservatorship estate only if the conservator is personally at fault.
(3) A claim based on a contract entered into by a conservator in a fiduciary capacity, an obligation arising from control of property included in the conservatorship estate, or a tort committed in the course of administration of the conservatorship estate may be asserted against the conservatorship estate in a proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable for the claim.
(4) A question of liability between a conservatorship estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification or another appropriate proceeding or action.
[ 2019 c 437 § 429.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.565 - Removal of conservator—Appointment of successor.

RCW 11.130.565
Removal of conservator—Appointment of successor.
(1) The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator.
(2) The court shall hold a hearing to determine whether to remove a conservator and appoint a successor on:
(a) Petition of the individual subject to conservatorship, conservator, or person interested in the welfare of the individual which contains allegations that, if true, would support a reasonable belief that removal of the conservator and appointment of a successor may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
(b) Communication from the individual subject to conservatorship, conservator, or person interested in the welfare of the individual which supports a reasonable belief that removal of the conservator and appointment of a successor may be appropriate; or
(c) Determination by the court that a hearing would be in the best interest of the individual subject to conservatorship.
(3) Notice of a hearing under subsection (2)(a) of this section and notice of the individual's right to be represented at the hearing by counsel of the individual's choosing must be given to the individual subject to conservatorship, the conservator, and any other person the court determines.
(4) An individual subject to conservatorship who seeks to remove the conservator and have a successor appointed has the right to choose an attorney to represent the individual in this matter. The court shall award reasonable attorneys' fees to the attorney as provided in RCW 11.130.100.
(5) In selecting a successor conservator, the court shall follow the priorities under RCW 11.130.415.
(6) Not later than fourteen days after appointing a successor conservator, the successor conservator shall give notice of the appointment to the individual subject to conservatorship and any person entitled to notice under RCW 11.130.420(6) or a subsequent order.
[ 2019 c 437 § 430.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.575 - Transfer for benefit of minor without appointment of conservator.

RCW 11.130.575
Transfer for benefit of minor without appointment of conservator.
(1) Unless a person required to transfer funds or other property to a minor knows that a conservator for the minor has been appointed or a proceeding is pending for conservatorship, the person may transfer an amount or value not exceeding fifteen thousand dollars in a twelve-month period to:
(a) A person that has care or custody of the minor and with whom the minor resides;
(b) A guardian for the minor;
(c) A custodian under the uniform transfers to minors act (chapter 11.114 RCW); or
(d) A financial institution as a deposit in an interest-bearing account or certificate solely in the name of the minor and shall give notice to the minor of the deposit.
(2) A person that transfers funds or other property under this section is not responsible for its proper application.
(3) A person that receives funds or other property for a minor under subsection (1)(a) or (b) of this section may apply it only to the support, care, education, health, or welfare of the minor, and may not derive a personal financial benefit from it, except for reimbursement for necessary expenses. Funds not applied for these purposes must be preserved for the future support, care, education, health, or welfare of the minor, and the balance, if any, transferred to the minor when the minor becomes an adult or otherwise is emancipated.
[ 2019 c 437 § 432.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.580 - Authority for protective arrangement.

RCW 11.130.580
Authority for protective arrangement.
(1) Under this article, a court:
(a) On receiving a petition for a guardianship for an adult may order a protective arrangement instead of guardianship as a less restrictive alternative to guardianship; and
(b) On receiving a petition for a conservatorship for an individual may order a protective arrangement instead of conservatorship as a less restrictive alternative to conservatorship.
(2) A person interested in an adult's welfare, including the adult or a conservator for the adult, may petition under this article for a protective arrangement instead of guardianship.
(3) The following persons may petition under this article for a protective arrangement instead of conservatorship:
(a) The individual for whom the protective arrangement is sought;
(b) A person interested in the property, financial affairs, or welfare of the individual, including a person that would be affected adversely by lack of effective management of property or financial affairs of the individual; and
(c) The guardian for the individual.
[ 2019 c 437 § 501.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.585 - Basis for protective arrangement instead of guardianship for adult.

RCW 11.130.585
Basis for protective arrangement instead of guardianship for adult.
(1) After the hearing on a petition under RCW 11.130.270 for a guardianship or under RCW 11.130.580(2) for a protective arrangement instead of guardianship, the court may issue an order under subsection (2) of this section for a protective arrangement instead of guardianship if the court finds by clear and convincing evidence that:
(a) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making; and
(b) The respondent's identified needs cannot be met by a less restrictive alternative.
(2) If the court makes the findings under subsection (1) of this section, the court, instead of appointing a guardian, may:
(a) Authorize or direct a transaction necessary to meet the respondent's need for health, safety, or care, including:
(i) A particular medical treatment or refusal of a particular medical treatment; or
(ii) Visitation or supervised visitation between the respondent and another person;
(b) Restrict access to the respondent by a specified person whose access places the respondent at serious risk of physical, psychological, or financial harm; and
(c) Reorder other arrangements on a limited basis that are appropriate.
(3) In deciding whether to issue an order under this section, the court shall consider the factors under RCW 11.130.330 and 11.130.335 that a guardian must consider when making a decision on behalf of an adult subject to guardianship.
[ 2020 c 312 § 315; 2019 c 437 § 502.]
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. › 11.130.600 - Notice and hearing.

RCW 11.130.600
Notice and hearing.
(1) All petitions filed under RCW 11.130.595 for the establishment of a protective arrangement shall be heard within sixty days unless an extension of time is requested by a party or the court visitor within such sixty-day period and granted for good cause shown.
(2)(a) A copy of a petition under RCW 11.130.580 and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.605 not more than five court days after the petition under RCW 11.130.595 has been filed.
(b) A copy of a petition under RCW 11.130.580 and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.605 not more than five court days after the petition under RCW 11.130.595 has been filed. The notice must inform the respondent of the respondent's rights at the hearing, including the right to an attorney and to attend the hearing. The notice must include a description of the nature, purpose, and consequences of granting the petition for a protective arrangement. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent.
(3) In a proceeding on a petition under RCW 11.130.580, the notice required under subsection (2) of this section must be given to the persons required to be listed in the petition under RCW 11.130.595 (1) through (3) and any other person interested in the respondent's welfare the court determines. Failure to give notice under this subsection does not preclude the court from granting the petition.
(4) After the court has ordered a protective arrangement under this article, notice of a hearing on a petition filed under this chapter, together with a copy of the petition, must be given to the respondent and any other person the court determines.
[ 2020 c 312 § 316; 2019 c 437 § 505.]
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. › 11.130.610 - Appointment and role of attorney.

RCW 11.130.610
Appointment and role of attorney.
(1)(a) The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in protective arrangement proceedings. Any attorney purporting to represent a respondent or person subject to a protective arrangement shall petition the court to be appointed to represent the respondent or person subject to a protective arrangement.
(b) Unless the respondent in a proceeding under this article is represented by an attorney, the court is not required, but may appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, except as provided otherwise in (c) of this subsection.
(c)(i) The court must appoint an attorney to represent the respondent at public expense when either:
(A) The respondent is unable to afford an attorney;
(B) The expense of an attorney would result in substantial hardship to the respondent; or
(C) The respondent does not have practical access to funds with which to pay an attorney. If the respondent can afford an attorney but lacks practical access to funds, the court must provide an attorney and may impose a reimbursement requirement as part of a final order.
(ii) When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent.
(iii) An attorney must be provided under this subsection (1)(c) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation.
(2) An attorney representing the respondent in a proceeding under this article shall:
(a) Make reasonable efforts to ascertain the respondent's wishes;
(b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and
(c) If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive alternative in type, duration, and scope, consistent with the respondent's interests.
(3) The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under this article if:
(a) The parent objects to the entry of an order for a protective arrangement instead of guardianship or conservatorship;
(b) The court determines that counsel is needed to ensure that consent to the entry of an order for a protective arrangement is informed; or
(c) The court otherwise determines the parent needs representation.
[ 2020 c 312 § 318; 2019 c 437 § 507.]
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. › 11.130.615 - Professional evaluation.

RCW 11.130.615
Professional evaluation.
(1) On receipt of a petition under RCW 11.130.595 and at the time the court appoints a court visitor under RCW 11.130.605, the court shall order a professional evaluation of the respondent.
(2) The respondent must be examined by a physician licensed to practice under chapter 18.71 or 18.57 RCW, psychologist licensed under chapter 18.83 RCW, advanced registered nurse practitioner licensed under chapter 18.79 RCW, or physician assistant licensed under chapter 18.71A RCW selected by the court visitor who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. If the respondent opposes the professional selected by the court visitor, the court visitor shall obtain a professional evaluation from the professional selected by the respondent. The court visitor, after receiving a professional evaluation from the individual selected by the respondent, may obtain a supplemental evaluation from a different professional.
(3) The individual conducting the evaluation shall provide the completed evaluation report to the court visitor within thirty days of the examination of the respondent. The court visitor shall file the report in a sealed record with the court. Unless otherwise directed by the court, the report must contain:
(a) The professional's name, address, education, and experience;
(b) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations;
(c) An evaluation of the respondent's mental and physical condition and, if appropriate, education potential, adaptive behavior, and social skills;
(d) A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan;
(e) A description of the respondent's current medications, and the effect of the medications on the respondent's cognitive and functional abilities;
(f) Identification or persons with whom the professional has met or spoken with regarding the respondent; and
(g) The date of the examination on which the report is based.
(4) If the respondent declines to participate in an evaluation ordered under subsection (1) of this section, the court may proceed with the hearing under RCW 11.130.600 if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
[ 2020 c 312 § 319; 2019 c 437 § 508.]
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. › 11.130.620 - Attendance and rights at hearing.

RCW 11.130.620
Attendance and rights at hearing.
(1) Except as otherwise provided in subsection (2) of this section, a hearing under this article may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology.
(2) A hearing under this article may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:
(a) The respondent consistently and repeatedly has refused to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so;
(b) There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance; or
(c) The respondent is a minor who has received proper notice and attendance would be harmful to the minor.
(3) The respondent may be assisted in a hearing under this article by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
(4) The respondent has a right to choose an attorney to represent the respondent at a hearing under this article.
(5) At a hearing under this article, the respondent may:
(a) Present evidence and subpoena witnesses and documents;
(b) Examine witnesses, including any court-appointed evaluator and the visitor; and
(c) Otherwise participate in the hearing.
(6) A hearing under this article must be closed on request of the respondent and a showing of good cause.
(7) Any person may request to participate in a hearing under this article. The court may grant the request, with or without a hearing, on determining that the best interests of the respondent will be served. The court may impose appropriate conditions on the person's participation.
[ 2019 c 437 § 509.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.625 - Notice of order.

RCW 11.130.625
Notice of order.
The petitioner shall give notice of an order under this article to the individual who is subject to the protective arrangement instead of guardianship or conservatorship, a person whose access to the individual is restricted by the order, and any other person the court determines.
[ 2020 c 312 § 317; 2019 c 437 § 510.]
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. › 11.130.630 - Confidentiality of records.

RCW 11.130.630
Confidentiality of records.
(1) The existence of a proceeding for or the existence of a protective arrangement instead of guardianship or conservatorship is a matter of public record unless the court seals the record after:
(a) The respondent, the individual subject to the protective arrangement, or the parent of a minor subject to the protective arrangement requests the record be sealed; and
(b) Either:
(i) The proceeding is dismissed;
(ii) The protective arrangement is no longer in effect; or
(iii) An act authorized by the order granting the protective arrangement has been completed.
(2) A respondent, an individual subject to a protective arrangement instead of guardianship or conservatorship, an attorney designated by the respondent or individual, a parent of a minor subject to a protective arrangement, and any other person the court determines are entitled to access court records of the proceeding and resulting protective arrangement. A person not otherwise entitled access to court records under this subsection for good cause may petition the court for access. The court shall grant access if access is in the best interest of the respondent or individual subject to the protective arrangement or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
(3) A report of a visitor or professional evaluation generated in the course of a proceeding under this article must be sealed on filing but is available to:
(a) The court;
(b) The individual who is the subject of the report or evaluation, without limitation as to use;
(c) The petitioner, visitor, and petitioner's and respondent's attorneys, for purposes of the proceeding;
(d) Unless the court orders otherwise, an agent appointed under a power of attorney for finances in which the respondent is the principal;
(e) If the order is for a protective arrangement instead of guardianship and unless the court orders otherwise, an agent appointed under a power of attorney for health care in which the respondent is identified as the principal; and
(f) Any other person if it is in the public interest or for a purpose the court orders for good cause.
[ 2019 c 437 § 511.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.635 - Appointment of special agent.

RCW 11.130.635
Appointment of special agent.
The court may appoint a special agent, to assist in implementing a protective arrangement under this article. The special agent has the authority conferred by the order of appointment and serves until discharged by court order.
[ 2019 c 437 § 512.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.640 - Use of forms.

RCW 11.130.640
Use of forms.
Unless otherwise provided in this chapter, use of the forms contained in this article is optional. Failure to use these forms does not prejudice any party.
[ 2019 c 437 § 601.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.657 - Notification of petition for guardianship or conservatorship.

RCW 11.130.657
Notification of petition for guardianship or conservatorship.
This form must be used to notify an adult respondent of the respondent's rights that could be restricted if a guardianship petition under RCW 11.130.270 or a conservatorship petition under RCW 11.130.365 is granted.
IMPORTANT NOTICE
PLEASE READ CAREFULLY
A petition to have a guardian or conservator appointed for you has been filed in the . . . county superior court by . . .. If a guardian or conservator is appointed, you could lose one or more of the following rights:
(1) To marry, divorce, or enter into or end a state registered domestic partnership;
(2) To vote or hold an elected office;
(3) To enter into a contract or make or revoke a will;
(4) To appoint someone to act on your behalf;
(5) To sue and be sued other than through a guardian;
(6) To possess a license to drive;
(7) To buy, sell, own, mortgage, or lease property;
(8) To consent to or refuse medical treatment;
(9) To decide who shall provide care and assistance;
(10) To make decisions regarding social aspects of your life.
Under the law, you have certain rights.
You have the right to be represented by a lawyer of your own choosing. The court will appoint a lawyer to represent you if you are unable to pay or payment would result in a substantial hardship to you.
You have the right to ask for a jury trial on the issue of capacity.
You have the right to be present in court and testify when the hearing is held to decide whether or not you need a guardian or conservator. If a court visitor is appointed, you have the right to request the court to replace that person.
You have the right to ask the court to establish a protective arrangement instead of a guardianship or conservatorship.
[ 2020 c 312 § 321.]
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. › 11.130.660 - Letters of office.

RCW 11.130.660
Letters of office.
All letters of guardianship/conservatorship must be in the following form or a substantially similar form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF  . . . . . . . . .
IN THE MATTER OF THE
GUARDIANSHIP/
CONSERVATORSHIP OF
. . . . . . . . . . . . . . . . .
Cause No.  . . . . . . . .
LETTERS OF
GUARDIANSHIP/CONSERVATORSHIP
Date letters expire
. . . .
THESE LETTERS OF GUARDIANSHIP/CONSERVATORSHIP PROVIDE OFFICIAL VERIFICATION OF THE FOLLOWING:
On the . . . . . . . . . day of . . . . . . . ., (year) . . . . the Court appointed . . . . . . . . . . .to serve as:
□ Guardian of the Person □ Full □ Limited
□ Conservator of the Estate □ Full □ Limited
for . . . . . . . . . . . ., in the above referenced matter.
The Guardian/Conservator has fulfilled all legal requirements to serve including, but not limited to: Taking and filing the oath; filing any bond consistent with the court's order; filing any blocked account agreement consistent with the court's order; and appointing a resident agent for a nonresident guardian.
The Court, having found the Guardian/Conservator duly qualified, now makes it known . . . . . . . . . is authorized as the Guardian for . . . . . . . . . . . . . . designated in the Court's order as referenced above.
The next filing and reporting deadline in this matter is on the . . . day of . . . . . . ., . . . . . ..
THESE LETTERS ARE NO LONGER VALID ON . . . . . . . . . .
These letters can only be renewed by a new court order. If the court grants an extension, new letters will be issued.
This matter is before the Honorable . . . . . . . . of Superior Court, the seal of the Court being affixed
this . . . . day of . . . . . . . ..
State of Washington )
) ss.
County of . . . . . . . . .)
I, . . . . . . . ., Clerk of the Superior Court of said County and State, certify that this document represents true and correct Letters of Guardianship/Conservatorship in the above entitled case, entered upon the record on this . . . . . . . day of . . . . . ., . . . ..
These letters remain in full force and effect until the date of expiration set forth above.
The seal of Superior Court has been affixed and witnessed by my hand this . . . . . . . day of . . . . . . . . ., . . . ..
. . . . . . . . . ., Clerk of Superior Court
By . . . . . . . ., Deputy
. . . . . . . . . . . . . . . . . . . .
(Signature of Deputy)
[ 2019 c 437 § 605.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.665 - Guardianship/conservatorship summary.

RCW 11.130.665
Guardianship/conservatorship summary.
The guardianship/conservatorship summary shall be in or substantially similar form:
GUARDIANSHIP/CONSERVATORSHIP SUMMARY
Date Guardian/Conservator Appointed:
. . . .
Due Date for Report and Accounting:
. . . .
Date of Next Review:
. . . .
Letters Expire On:
. . . .
Bond Amount:
$. . . .
Restricted Account Agreements Required:
. . . .
Due Date for Inventory, if applicable:
. . . .
Due Date for Guardian's Plan, if applicable:
. . . .
Person subject to guardianship/conservatorship
Guardian/Conservator
Name:
Name:
Address:
Address:
Phone:
Phone:
Facsimile:
Facsimile:
Interested Parties
Address
Relation
[ 2019 c 437 § 606.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. › 11.130.700 - Definitions.

RCW 11.130.700
Definitions.
The definitions in this section apply throughout this section and RCW 11.130.705 through 11.130.755 unless the context clearly requires otherwise.
(1) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities.
(2) "Supported decision-making agreement" is an agreement between an adult with a disability and one or more supporters entered into under this chapter.
(3) "Supporter" means an adult who has entered into a supported decision-making agreement with an adult with a disability.
[ 2020 c 312 § 601.]
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. › 11.130.705 - Purpose.

RCW 11.130.705
Purpose.
The purpose of RCW 11.130.700 through 11.130.755 is to recognize a less restrictive alternative to guardianship for adults with disabilities who need assistance with decisions regarding daily living.
[ 2020 c 312 § 602.]
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. › 11.130.710 - Presumption of capacity.

RCW 11.130.710
Presumption of capacity.
(1) All adults are presumed to be capable of managing their affairs.
(2) The manner in which an adult communicates with others is not grounds for deciding that the adult is incapable of managing the adult's affairs.
(3) Execution of a supported decision-making agreement may not be used as evidence for the petition or appointment of a guardianship or conservatorship under this chapter, and does not preclude the ability of the adult who has entered into such an agreement to act independently of the agreement.
[ 2020 c 312 § 603.]
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. › 11.130.715 - Scope.

RCW 11.130.715
Scope.
An adult with a disability may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with a supporter under which the adult with a disability authorizes the supporter to do any or all of the following:
(1) Provide supported decision making, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the adult with a disability;
(2) Assist the adult in accessing, collecting, and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational, or treatment records, from any person;
(3) Assist the adult with a disability in understanding the information described in subsection (2) of this section; and
(4) Assist the adult in communicating the adult's decisions to appropriate persons.
[ 2020 c 312 § 604.]
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. › 11.130.720 - Authority of supporter.

RCW 11.130.720
Authority of supporter.
A supporter may exercise the authority granted to the supporter in the supported decision-making agreement.
[ 2020 c 312 § 605.]
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. › 11.130.725 - Term.

RCW 11.130.725
Term.
(1) Except as provided by subsection (2) of this section, the supported decision-making agreement extends until terminated by either party or by the terms of the agreement.
(2) The supported decision-making agreement is terminated if:
(a) The department of social and health services finds that the adult with a disability has been abused, neglected, or exploited by the supporter;
(b) The supporter is found criminally liable for conduct described in (a) of this subsection;
(c) The person with a disability gives notice to the supporter orally, in writing, through an assistive technology device, or by any other means or act showing a specific intent to terminate the agreement; or
(d) The supporter provides written notice of the supporter's resignation to the person with a disability. If a supported decision-making agreement includes more than one supporter, each supporter can terminate the agreement only as to that supporter.
[ 2020 c 312 § 606.]
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. › 11.130.730 - Disqualification of supporter.

RCW 11.130.730
Disqualification of supporter.
The following are disqualified from acting as a supporter:
(1) A person who is an employer or employee of the adult with a disability, unless the person is an immediate family member of the adult with a disability;
(2) A person directly providing paid support services to the adult with a disability, unless the person is an immediate family member of the adult with a disability; and
(3) An individual against whom the person with a disability has obtained an order of protection from abuse, or an individual who is the subject of a civil or criminal order prohibiting contact with the adult with a disability.
[ 2020 c 312 § 607.]
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. › 11.130.735 - Access of supporter to personal information.

RCW 11.130.735
Access of supporter to personal information.
(1) A supporter is only authorized to assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement.
(2) If a supporter assists an adult with a disability in accessing, collecting, or obtaining personal information, including protected health information under the federal health insurance portability and accountability act of 1996, P.L. 104-191, or educational records under the federal family educational rights and privacy act of 1974, 20 U.S.C. Sec. 1232g, the supporter shall ensure the information is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure.
(3) The existence of a supported decision-making agreement does not preclude an adult with a disability from seeking personal information without the assistance of a supporter.
[ 2020 c 312 § 608.]
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. › 11.130.740 - Execution of agreement.

RCW 11.130.740
Execution of agreement.
(1) A supported decision-making agreement must be in writing, dated, and signed voluntarily, without coercion or undue influence, by the adult with a disability and the supporter in the presence of two or more subscribing witnesses or a notary public.
(2) If signed before two witnesses, the attesting witnesses must be at least eighteen years of age.
(3) The witnesses required by subsection (1) of this section may not be any of the following:
(a) A supporter for the person with a disability;
(b) An employee or agent of a supporter named in the supported decision-making agreement;
(c) A paid provider of services to the person with a disability; or
(d) Any person who does not understand the type of communication the person with a disability uses, unless an individual who understands the person with a disability's means of communication is present to assist during the execution of the supported decision-making agreement.
[ 2020 c 312 § 609.]
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. › 11.130.750 - Reliance on agreement—Limitation of liability.

RCW 11.130.750
Reliance on agreement—Limitation of liability.
(1) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement.
(2) A person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement.
[ 2020 c 312 § 611.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.