2018 Revised Code of Washington
Title 11 - PROBATE AND TRUST LAW
11.88 Guardianship—Appointment, qualification, removal of guardians.
11.88.095 Disposition of guardianship petition.
RCW 11.88.095 Disposition of guardianship petition.
(1) In determining the disposition of a petition for guardianship, the court's order shall be based upon findings as to the capacities, condition, and needs of the alleged incapacitated person, and shall not be based solely upon agreements made by the parties.
(2) Every order appointing a full or limited guardian of the person or estate shall include:
(a) Findings as to the capacities, condition, and needs of the alleged incapacitated person;
(b) The amount of the bond, if any, or a bond review period;
(c) The date the account or report shall be filed. The date of filing an account or report shall be within ninety days after the anniversary date of the appointment;
(d) A date for the court to review the account or report and enter its order. The court shall conduct the review within one hundred twenty days after the anniversary date of the appointment and follow the provisions of RCW 11.92.050. The court may review and approve an account or report without conducting a hearing;
(e) A directive to the clerk of court to issue letters of guardianship as specified in RCW 11.88.127;
(f) Whether the guardian ad litem shall continue acting as guardian ad litem;
(g) Whether a review hearing shall be required upon the filing of the inventory;
(h) Whether a review hearing is required upon filing the initial personal care plan;
(i) The authority of the guardian, if any, for investment and expenditure of the ward's estate;
(j) Names and addresses of those persons described in RCW 11.88.090(5)(d), if any, whom the court believes should receive copies of further pleadings filed by the guardian with respect to the guardianship. The guardian, within ninety days from the date of the appointment, shall, in writing, notify the persons identified by the court of their right to request special notice of proceedings as described in RCW 11.92.150; and
(k) A guardianship summary placed directly below the case caption or on a separate cover page in the following form, or a substantially similar form, containing the following information:
GUARDIANSHIP SUMMARY
Date Guardian Appointed: | . . . . |
Due Date for Report and Accounting: | . . . . |
Date of Next Review: | . . . . |
Letters Expire On: | . . . . |
Bond Amount: | $. . . . |
Restricted Account Agreements Required: | . . . . |
Due Date for Inventory: | . . . . |
Due Date for Care Plan: | . . . . |
Incapacitated Person (IP) | Guardian of: [ ] Estate [ ] Person |
Name: | Name: |
Address: | Address: |
Phone: | Phone: |
Facsimile: | Facsimile: |
Interested Parties | Address | Relation to IP |
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(3) If the court determines that a limited guardian should be appointed, the order shall specifically set forth the limits by either stating exceptions to the otherwise full authority of the guardian or by stating the specific authority of the guardian.
(4) In determining the disposition of a petition for appointment of a guardian or limited guardian of the estate only, the court shall consider whether the alleged incapacitated person is capable of giving informed medical consent or of making other personal decisions and, if not, whether a guardian or limited guardian of the person of the alleged incapacitated person should be appointed for that purpose.
(5) Unless otherwise ordered, any powers of attorney or durable powers of attorney shall be revoked upon appointment of a guardian or limited guardian of the estate.
If there is an existing medical power of attorney, the court must make a specific finding of fact regarding the continued validity of that medical power of attorney before appointing a guardian or limited guardian for the person.
[ 2011 c 329 § 4; 1995 c 297 § 5; 1991 c 289 § 6; 1990 c 122 § 9.]
NOTES:
Effective date—1990 c 122: See note following RCW 11.88.005.
