RCW 11.130.140
Grievance or complaint against guardian or conservator.
(1) An individual who is subject to guardianship or conservatorship, or person interested in the welfare of an individual subject to guardianship or conservatorship, that reasonably believes the guardian or conservator is breaching the guardian's or conservator's fiduciary duty or otherwise acting in a manner inconsistent with this chapter may file a grievance in a record with the court.
(2)(a) An unrepresented person or entity may submit a complaint to the court. Complaints must be addressed to one of the following designees of the court: The clerk of the court having jurisdiction in the guardianship, the court administrator, or the guardianship monitoring program, and must identify the complainant and the person who is the subject of the guardianship or conservatorship. The complaint must also provide the complainant's address, the case number (if available), and the address of the person subject to a guardianship or conservatorship (if available). The complaint must state facts to support the claim.
(b) By the next judicial day after receipt of a complaint from an unrepresented person, the court's designee must ensure the original complaint is filed and deliver the complaint to the court.
(c) Within fourteen days of being presented with a complaint, the court must enter an order to do one or more of the following actions:
(i) To show cause, with fourteen days' notice, directing the guardian or conservator to appear at a hearing set by the court in order to respond to the complaint;
(ii) To appoint a court visitor or other court representative to investigate the issues raised by the complaint or to take any emergency action the court deems necessary to protect the person subject to a guardianship or conservatorship until a hearing can be held;
(iii) To dismiss the complaint without scheduling a hearing, if it appears to the court that the complaint: Is without merit on its face; is filed in other than good faith; is filed for an improper purpose; regards issues that have already been adjudicated; or is frivolous. In making a determination, the court may review the matter and consider previous behavior of the complainant that is documented in the guardianship or conservatorship record;
(iv) To direct the guardian or conservator to provide, in not less than fourteen days, a written report to the court on the issues raised in the complaint;
(v) To defer consideration of the complaint until the next regularly scheduled hearing in the guardianship or conservatorship, if the date of that hearing is within the next three months, provided that there is no indication that the person subject to a guardianship or conservatorship will suffer physical, emotional, financial, or other harm as a result of the court's deferral of consideration;
(vi) To order other action, in the court's discretion, in addition to doing one or more of the actions set out in this subsection.
(3) Subject to subsection (4) of this section, after receiving a grievance under subsection (1) of this section, the court:
(a) Shall promptly review the grievance against a guardian and shall act to protect the autonomy, values, preferences, and independence of the individual subject to guardianship or conservatorship;
(b) Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that:
(i) Removal of the guardian and appointment of a successor may be appropriate under RCW 11.130.350;
(ii) Termination or modification of the guardianship may be appropriate under RCW 11.130.355;
(iii) Removal of the conservator and appointment of a successor may be appropriate under RCW 11.130.565;
(iv) Termination or modification of the conservatorship may be appropriate under RCW 11.130.570; or
(v) A hearing is necessary to resolve the allegations set forth in the grievance; and
(c) May take any action supported by the evidence, including:
(i) Ordering the guardian or conservator to provide the court a report, accounting, inventory, updated plan, or other information;
(ii) Appointing a court visitor;
(iii) Appointing an attorney for the individual subject to guardianship or conservatorship; or
(iv) Holding a hearing.
(4) The court may decline to act under subsection (3) of this section if a similar grievance was filed within the six months preceding the filing of the current grievance and the court followed the procedures of subsection (3) of this section in considering the earlier grievance; and may levy necessary sanctions, including but not limited to the imposition of reasonable attorney fees, costs, striking pleadings, or other appropriate relief, if after consideration the court finds that the grievance is made for reason to harass, delay, with malice, or other bad faith.
(5) In any court action under this section where the court finds the professional guardian or conservator breached a fiduciary duty, the court must direct the clerk of the court to send a copy of the order entered under this section to the certified professional guardianship board.
(6) A court shall not dismiss a grievance that has been filed against a guardian or conservator due to an inability to resolve the grievance in a timely manner.
[ 2020 c 312 § 307; 2019 c 437 § 128.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
11.130.015 - Supplemental principles of law and equity applicable.
11.130.020 - Subject matter jurisdiction.
11.130.025 - Transfer of proceeding.
11.130.035 - Practice in court.
11.130.037 - Presumption of legal capacity.
11.130.040 - Letters of office.
11.130.045 - Effect of acceptance of appointment.
11.130.050 - Co-guardian—Co-conservator.
11.130.055 - Judicial appointment of successor guardian or successor conservator.
11.130.060 - Effect of death, removal, or resignation of guardian or conservator.
11.130.065 - Notice of hearing generally.
11.130.070 - Waiver of notice.
11.130.075 - Guardian ad litem.
11.130.080 - Request for notice.
11.130.085 - Disclosure of bankruptcy or criminal history.
11.130.095 - Multiple nominations.
11.130.100 - Compensation and expenses—In general.
11.130.105 - Compensation of guardian or conservator.
11.130.115 - Petition after appointment for instruction or ratification.
11.130.120 - Third-party acceptance of authority of guardian or conservator.
11.130.125 - Use of agent by guardian or conservator.
11.130.130 - Temporary substitute guardian or conservator.
11.130.135 - Registration of order—Effect.
11.130.140 - Grievance or complaint against guardian or conservator.
11.130.145 - Delegation by parent.
11.130.150 - Ex parte communications—Removal.
11.130.155 - Registry for guardians ad litem and visitors.
11.130.160 - Guardianship/conservatorship summary.
11.130.165 - Guardianship/conservatorship courthouse facilitator program.
11.130.175 - Guardianships involving veterans.
11.130.180 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
11.130.185 - Basis for appointment of guardian for minor.
11.130.190 - Petition for appointment of guardian for minor.
11.130.195 - Notice of hearing for appointment of guardian for minor.
11.130.200 - Attorney for minor or parent.
11.130.205 - Attendance and participation at hearing for appointment of guardian for minor.
11.130.210 - Custody orders—Background information to be consulted.
11.130.215 - Order of appointment—Priority of nominee—Limited guardianship for minor.
11.130.220 - Standby guardian for minor.
11.130.225 - Emergency guardian for minor.
11.130.230 - Duties of guardian for minor.
11.130.235 - Powers of guardian for minor.
11.130.240 - Removal of guardian for minor—Termination of guardianship—Appointment of successor.
11.130.245 - Prior court order validity.
11.130.250 - Application of the Indian child welfare act.
11.130.257 - Temporary support, restraining, and protective orders—Effect—Support debts to state.
11.130.259 - Order for relocation.
11.130.260 - Health insurance coverage—Conditions.
11.130.265 - Basis for appointment of guardian for adult.
11.130.270 - Petition for appointment of guardian for adult.
11.130.275 - Notice of hearing for appointment of guardian for adult.
11.130.280 - Appointment and role of court visitor.
11.130.285 - Appointment and role of attorney for adult.
11.130.290 - Professional evaluation.
11.130.295 - Attendance and rights at hearing.
11.130.300 - Confidentiality of records.
11.130.305 - Who may be guardian for adult—Order of priority.
11.130.310 - Order of appointment for guardian.
11.130.315 - Notice of order of appointment—Rights.
11.130.320 - Emergency guardian for adult.
11.130.325 - Duties of guardian for adult.
11.130.330 - Powers of guardian for adult.
11.130.335 - Special limitations on guardian's power.
11.130.345 - Guardian's report—Monitoring of guardianship.
11.130.350 - Removal of guardian for adult—Appointment of successor.
11.130.355 - Termination or modification of guardianship for adult.
11.130.360 - Basis for appointment of conservator.
11.130.365 - Petition for appointment of conservator.
11.130.370 - Notice and hearing for appointment of conservator.
11.130.375 - Order to preserve or apply property while proceeding pending.
11.130.380 - Appointment and role of court visitor.
11.130.385 - Appointment and role of attorney.
11.130.390 - Professional evaluation.
11.130.400 - Attendance and rights at hearing.
11.130.410 - Confidentiality of records.
11.130.415 - Who may be conservator—Order of priority.
11.130.420 - Order of appointment of conservator.
11.130.425 - Notice of order of appointment—Rights.
11.130.430 - Emergency conservator.
11.130.435 - Powers of conservator requiring court approval.
11.130.440 - Petition for order after appointment.
11.130.445 - Bond—Alternative verified receipt.
11.130.500 - Terms and requirements of bond.
11.130.505 - Duties of conservator.
11.130.510 - Conservator's plan.
11.130.515 - Inventory—Records.
11.130.520 - Administrative powers of conservator not requiring court approval.
11.130.525 - Distribution from conservatorship estate.
11.130.530 - Conservator's report and accounting—Monitoring.
11.130.535 - Attempted transfer of property by individual subject to conservatorship.
11.130.540 - Transaction involving conflict of interest.
11.130.545 - Protection of person dealing with conservator.
11.130.547 - Access of conservator to certain assets.
11.130.550 - Death of individual subject to conservatorship.
11.130.555 - Presentation and allowance of claim.
11.130.560 - Personal liability of conservator.
11.130.565 - Removal of conservator—Appointment of successor.
11.130.570 - Termination or modification of conservatorship.
11.130.575 - Transfer for benefit of minor without appointment of conservator.
11.130.580 - Authority for protective arrangement.
11.130.585 - Basis for protective arrangement instead of guardianship for adult.
11.130.590 - Basis for protective arrangement instead of conservatorship for adult or minor.
11.130.595 - Petition for protective arrangement.
11.130.600 - Notice and hearing.
11.130.605 - Appointment and role of court visitor.
11.130.610 - Appointment and role of attorney.
11.130.615 - Professional evaluation.
11.130.620 - Attendance and rights at hearing.
11.130.630 - Confidentiality of records.
11.130.635 - Appointment of special agent.
11.130.645 - Petition for guardianship for minor.
11.130.650 - Petition for guardianship, conservatorship, or protective arrangement.
11.130.655 - Notification of rights for adult subject to guardianship or conservatorship.
11.130.657 - Notification of petition for guardianship or conservatorship.
11.130.660 - Letters of office.
11.130.665 - Guardianship/conservatorship summary.
11.130.670 - Certified professional guardianship board—Grievances.
11.130.710 - Presumption of capacity.
11.130.720 - Authority of supporter.
11.130.730 - Disqualification of supporter.
11.130.735 - Access of supporter to personal information.
11.130.740 - Execution of agreement.
11.130.750 - Reliance on agreement—Limitation of liability.
11.130.755 - Reporting of suspected abuse, abandonment, neglect, exploitation.
11.130.900 - Uniformity of application and construction.
11.130.905 - Relation to electronic signatures in global and national commerce act.