RCW 11.130.310
Order of appointment for guardian.
(1) A court order appointing a guardian for an adult must:
(a) Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative, including use of appropriate supportive services, technological assistance, or supported decision making;
(b) Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition;
(c) State whether the adult subject to guardianship retains the right to vote and, if the adult does not retain the right to vote, include findings that support removing that right which must include a finding that the adult cannot communicate, with or without support, a specific desire to participate in the voting process; and
(d) State whether the adult subject to guardianship retains the right to marry and, if the adult does not retain the right to marry, include findings that support removing that right.
(2) An adult subject to guardianship retains the right to vote unless the order under subsection (1) of this section includes the statement required by subsection (1)(c) of this section. An adult subject to guardianship retains the right to marry unless the order under subsection (1) of this section includes the findings required by subsection (1)(d) of this section.
(3) A court order establishing a full guardianship for an adult must state the basis for granting a full guardianship and include specific findings that support the conclusion that a limited guardianship would not meet the functional needs of the adult subject to guardianship.
(4) A court order establishing a limited guardianship for an adult must state the specific powers granted to the guardian.
(5) The court, as part of an order establishing a guardianship for an adult, shall identify any person that subsequently is entitled to:
(a) Notice of the rights of the adult under RCW 11.130.315(2);
(b) Notice of a change in the primary dwelling of the adult;
(c) Notice that the guardian has delegated:
(i) The power to manage the care of the adult;
(ii) The power to make decisions about where the adult lives;
(iii) The power to make major medical decisions on behalf of the adult;
(iv) A power that requires court approval under RCW 11.130.335; or
(v) Substantially all powers of the guardian;
(d) Notice that the guardian will be unavailable to visit the adult for more than two months or unavailable to perform the guardian's duties for more than one month;
(e) A copy of the guardian's plan under RCW 11.130.340 and the guardian's report under RCW 11.130.345;
(f) Access to court records relating to the guardianship;
(g) Notice of the death or significant change in the condition of the adult;
(h) Notice that the court has limited or modified the powers of the guardian; and
(i) Notice of the removal of the guardian.
(6) A spouse, domestic partner, and adult children of an adult subject to guardianship are entitled to notice under subsection (5) of this section unless the court determines notice would be contrary to the preferences or prior directions of the adult subject to guardianship or not in the best interest of the adult.
(7) All orders establishing a guardianship for an adult must contain:
(a) A guardianship summary placed directly below the case caption or on a separate cover page in the form or substantially the same form as set forth in RCW 11.130.665;
(b) The date which the limited guardian or guardian must file the guardian's plan under RCW 11.130.340(1);
(c) The date by which the court will review the guardian's plan as required by RCW 11.130.340(4);
(d) The report interval which the guardian shall file its guardian's plan under RCW 11.130.345. The report interval may be annual, biennial, or triennial;
(e) The date the limited guardian or guardian must file its guardian's plan under RCW 11.130.345. The due date of the filing of the report shall be within ninety days after the anniversary date of the appointment;
(f) The date for the court to review the guardian's plan under RCW 11.130.345 and enter its order. The court shall conduct the review within one hundred twenty days after the anniversary date of the appointment.
[ 2019 c 437 § 310.]
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.