2019 Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
11.130.410 Confidentiality of records.
RCW 11.130.410 Confidentiality of records. (Effective January 1, 2021.)
(1) The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after:
(a) The respondent, the individual subject to conservatorship, or the parent of a minor subject to conservatorship requests the record be sealed; and
(b) Either:
(i) The petition for conservatorship is dismissed; or
(ii) The conservatorship is terminated.
(2) An individual subject to a proceeding for a conservatorship, whether or not a conservator is appointed, an attorney designated by the individual, and a person entitled to notice under RCW 11.130.420(6) or a subsequent order may access court records of the proceeding and resulting conservatorship, including the conservator's plan under RCW 11.130.510 and the conservator's report under RCW 11.130.530. A person not otherwise entitled access to court records under this section for good cause may petition the court for access to court records of the conservatorship, including the conservator's plan and report. The court shall grant access if access is in the best interest of the respondent or individual subject to conservatorship or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
(3) A report under RCW 11.130.380 of a visitor or professional evaluation under RCW 11.130.390 is confidential and 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 directs otherwise, an agent appointed under a power of attorney for finances in which the respondent is identified as the principal; and
(e) Any other person if it is in the public interest or for a purpose the court orders for good cause.
[ 2019 c 437 ยง 409.]
