2017 Revised Code of Washington
Title 11 - PROBATE AND TRUST LAW
11.92 Guardianship—Powers and duties of guardian or limited guardian.
11.92.190 Detention of person in residential placement facility against will prohibited—Effect of court order—Service of notice of residential placement.
RCW 11.92.190 Detention of person in residential placement facility against will prohibited—Effect of court order—Service of notice of residential placement. (Effective until April 1, 2018.)
No residential treatment facility which provides nursing or other care may detain a person within such facility against their will. Any court order, other than an order issued in accordance with the involuntary treatment provisions of chapters 10.77, 71.05, and 72.23 RCW, which purports to authorize such involuntary detention or purports to authorize a guardian or limited guardian to consent to such involuntary detention on behalf of an incapacitated person shall be void and of no force or effect. This section does not apply to the detention of a minor as provided in chapter 70.96A or 71.34 RCW.
Nothing in this section shall be construed to require a court order authorizing placement of an incapacitated person in a residential treatment facility if such order is not otherwise required by law: PROVIDED, That notice of any residential placement of an incapacitated person shall be served, either before or after placement, by the guardian or limited guardian on such person, the guardian ad litem of record, and any attorney of record.
[ 1996 c 249 § 11; 1977 ex.s. c 309 § 14.]
NOTES:
Intent—1996 c 249: See note following RCW 2.56.030.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
RCW 11.92.190
Detention of person in residential placement facility against will prohibited—Effect of court order—Service of notice of residential placement. (Effective April 1, 2018.)
No residential treatment facility which provides nursing or other care may detain a person within such facility against their will. Any court order, other than an order issued in accordance with the involuntary treatment provisions of chapters 10.77, 71.05, and 72.23 RCW, which purports to authorize such involuntary detention or purports to authorize a guardian or limited guardian to consent to such involuntary detention on behalf of an incapacitated person shall be void and of no force or effect. This section does not apply to the detention of a minor as provided in chapter 71.34 RCW.
Nothing in this section shall be construed to require a court order authorizing placement of an incapacitated person in a residential treatment facility if such order is not otherwise required by law: PROVIDED, That notice of any residential placement of an incapacitated person shall be served, either before or after placement, by the guardian or limited guardian on such person, the guardian ad litem of record, and any attorney of record.
[ 2016 sp.s. c 29 § 412; 1996 c 249 § 11; 1977 ex.s. c 309 § 14.]
NOTES:
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Intent—1996 c 249: See note following RCW 2.56.030.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
