RCW 11.130.350
Removal of guardian for adult—Appointment of successor.
(1) The court may remove a guardian for an adult for failure to perform the guardian's duties or for other good cause and appoint a successor guardian to assume the duties of guardian.
(2) The court shall hold a hearing to determine whether to remove a guardian for an adult and appoint a successor guardian on:
(a) Petition of the adult, guardian, or person interested in the welfare of the adult, which contains allegations that, if true, would support a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
(b) Communication from the adult, guardian, or person interested in the welfare of the adult which supports a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate; or
(c) Determination by the court that a hearing would be in the best interest of the adult.
(3) Notice of a hearing under subsection (2)(a) of this section and notice of the adult subject to guardianship's right to be represented at the hearing by counsel of the individual's choosing must be given to the adult subject to guardianship, the guardian, and any other person the court determines.
(4) An adult subject to guardianship who seeks to remove the guardian and have a successor guardian appointed has the right to choose an attorney to represent the adult in this matter. The court shall award reasonable attorneys' fees to the attorney for the adult as provided in RCW 11.130.100.
(5) In selecting a successor guardian for an adult, the court shall follow the priorities under RCW 11.130.305.
(6) Not later than fourteen days after appointing a successor guardian, the successor guardian shall give notice of the appointment to the adult subject to guardianship and any person entitled to notice under RCW 11.130.310(5) or a subsequent order.
[ 2019 c 437 § 319.]
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.