2019 Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
11.130.430 Emergency conservator.
RCW 11.130.430 Emergency conservator. (Effective January 1, 2021.)
(1) On its own or on petition by a person interested in an individual's welfare after a petition has been filed under RCW 11.130.365, the court may appoint an emergency conservator for the individual if the court finds:
(a) Appointment of an emergency conservator is likely to prevent substantial and irreparable harm to the individual's property or financial interests;
(b) No other person appears to have authority and willingness to act in the circumstances; and
(c) There is reason to believe that a basis for appointment of a conservator under RCW 11.130.360 exists.
(2) The duration of authority of an emergency conservator may not exceed sixty days and the emergency conservator may exercise only the powers specified in the order of appointment. The emergency conservator's authority may be extended once for not more than sixty days if the court finds that the conditions for appointment of an emergency conservator under subsection (1) of this section continue.
(3) Immediately on filing of a petition for an emergency conservator, the court shall appoint an attorney to represent the respondent in the proceeding. Except as otherwise provided in subsection (4) of this section, reasonable notice of the date, time, and place of a hearing on the petition must be given to the respondent, the respondent's attorney, and any other person the court determines.
(4) The court may appoint an emergency conservator without notice to the respondent and any attorney for the respondent only if the court finds from an affidavit or testimony that the respondent's property or financial interests will be substantially and irreparably harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency conservator without giving notice under subsection (3) of this section, the court must give notice of the appointment not later than forty-eight hours after the appointment to:
(a) The respondent;
(b) The respondent's attorney; and
(c) Any other person the court determines.
(5) Not later than five days after the appointment, the court shall hold a hearing on the appropriateness of the appointment.
(6) Appointment of an emergency conservator under this section is not a determination that a basis exists for appointment of a conservator under RCW 11.130.360.
(7) The court may remove an emergency conservator appointed under this section at any time. The emergency conservator shall make any report the court requires.
[ 2019 c 437 ยง 413.]
