Revised Code of Washington
Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
11.130.365 - Petition for appointment of conservator.

RCW 11.130.365
Petition for appointment of conservator.

(1) The following may petition for the appointment of a conservator:
(a) The individual for whom the order is sought;
(b) A person interested in the estate, financial affairs, or welfare of the individual, including a person that would be adversely affected by lack of effective management of property or financial affairs of the individual; or
(c) The guardian for the individual.
(2) A petition under subsection (1) of this section must state the petitioner's name, principal residence, current street address, if different, relationship to the respondent, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following:
(a) The respondent's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted;
(b) The name and address of the respondent's:
(i) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the twelve-month period before the filing of the petition;
(ii) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and
(iii) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship during the two years immediately before the filing of the petition;
(c) The name and current address of each of the following, if applicable:
(i) A person responsible for the care or custody of the respondent;
(ii) Any attorney currently representing the respondent;
(iii) The representative payee appointed by the social security administration for the respondent;
(iv) A guardian or conservator acting for the respondent in this state or another jurisdiction;
(v) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
(vi) The fiduciary appointed for the respondent by the department of veterans affairs;
(vii) An agent designated under a power of attorney for health care in which the respondent is identified as the principal;
(viii) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;
(ix) A person known to have routinely assisted the respondent with decision making in the six-month period immediately before the filing of the petition;
(x) Any proposed conservator, including a person nominated by the respondent, if the respondent is twelve years of age or older; and
(xi) If the individual for whom a conservator is sought is a minor:
(A) An adult not otherwise listed with whom the minor resides; and
(B) Each person not otherwise listed that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition;
(d) A general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts;
(e) The reason conservatorship is necessary, including a brief description of:
(i) The nature and extent of the respondent's alleged need;
(ii) If the petition alleges the respondent is missing, detained, or unable to return to the United States, the relevant circumstances, including the time and nature of the disappearance or detention and any search or inquiry concerning the respondent's whereabouts;
(iii) Any protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's alleged need which has been considered or implemented;
(iv) If no protective arrangement or other less restrictive alternatives have been considered or implemented, the reason it has not been considered or implemented; and
(v) The reason a protective arrangement or other less restrictive alternative is insufficient to meet the respondent's need;
(f) Whether the petitioner seeks a limited conservatorship or a full conservatorship;
(g) If the petitioner seeks a full conservatorship, the reason a limited conservatorship or protective arrangement instead of conservatorship is not appropriate;
(h) If the petition includes the name of a proposed conservator, the reason the proposed conservator should be appointed;
(i) If the petition is for a limited conservatorship, a description of the property to be placed under the conservator's control and any requested limitation on the authority of the conservator;
(j) Whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; and
(k) The name and address of an attorney representing the petitioner, if any.

[ 2019 c 437 § 402.]

Structure Revised Code of Washington

Revised Code of Washington

Title 11 - Probate and Trust Law

Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.

11.130.001 - Intent.

11.130.005 - Short title.

11.130.010 - Definitions.

11.130.015 - Supplemental principles of law and equity applicable.

11.130.020 - Subject matter jurisdiction.

11.130.025 - Transfer of proceeding.

11.130.030 - Venue.

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.

11.130.090 - Qualifications.

11.130.095 - Multiple nominations.

11.130.100 - Compensation and expenses—In general.

11.130.105 - Compensation of guardian or conservator.

11.130.110 - Liability of guardian or conservator for act of individual subject to guardianship or conservatorship.

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.

11.130.170 - Filing fee.

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.

11.130.255 - Child support.

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.

11.130.340 - Guardian's plan.

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.

11.130.625 - Notice of order.

11.130.630 - Confidentiality of records.

11.130.635 - Appointment of special agent.

11.130.640 - Use of forms.

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.

11.130.700 - Definitions.

11.130.705 - Purpose.

11.130.710 - Presumption of capacity.

11.130.715 - Scope.

11.130.720 - Authority of supporter.

11.130.725 - Term.

11.130.730 - Disqualification of supporter.

11.130.735 - Access of supporter to personal information.

11.130.740 - Execution of agreement.

11.130.745 - Form.

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.

11.130.910 - Applicability.

11.130.915 - Effective date—2020 c 312; 2019 c 437.