RCW 11.130.530
Conservator's report and accounting—Monitoring.
(1) A conservator shall file with the court by the date established by the court a report in a record regarding the administration of the conservatorship estate unless the court otherwise directs, on resignation or removal, on termination of the conservatorship, and at any other time the court directs.
(2) A report under subsection (1) of this section must state or contain:
(a) An accounting that lists property included in the conservatorship estate and the receipts, disbursements, liabilities, and distributions during the period for which the report is made;
(b) A list of the services provided to the individual subject to conservatorship;
(c) A copy of the conservator's most recently approved plan and a statement whether the conservator has deviated from the plan and, if so, how the conservator has deviated and why;
(d) A recommendation as to the need for continued conservatorship and any recommended change in the scope of the conservatorship;
(e) To the extent feasible, a copy of the most recent reasonably available financial statements evidencing the status of bank accounts, investment accounts, and mortgages or other debts of the individual subject to conservatorship with all but the last four digits of the account numbers and social security number redacted;
(f) Anything of more than de minimis value which the conservator, any individual who resides with the conservator, or the spouse, domestic partner, parent, child, or sibling of the conservator has received from a person providing goods or services to the individual subject to conservatorship;
(g) Any business relation the conservator has with a person the conservator has paid or that has benefited from the property of the individual subject to conservatorship; and
(h) Whether any co-conservator or successor conservator appointed to serve when a designated event occurs is alive and able to serve.
(3) The court may appoint a court visitor to review a report under this section or conservator's plan under RCW 11.130.510, interview the individual subject to conservatorship or conservator, or investigate any other matter involving the conservatorship. In connection with the report, the court may order the conservator to submit the conservatorship estate to appropriate examination in a manner the court directs.
(4) Notice of the filing under this section of a conservator's report, together with a copy of the report, must be provided to the individual subject to conservatorship, a person entitled to notice under RCW 11.130.420(6) or a subsequent order, and other persons the court determines. The notice and report must be given not later than fourteen days after filing.
(5) The court shall establish procedures for monitoring a report submitted under this section and review each report at least annually to determine whether:
(a) The reports provide sufficient information to establish the conservator has complied with the conservator's duties;
(b) The conservatorship should continue; and
(c) The conservator's requested fees, if any, should be approved.
(6) If the court determines there is reason to believe a conservator has not complied with the conservator's duties or the conservatorship should not continue, the court:
(a) Shall notify the individual subject to conservatorship, the conservator, and any other person entitled to notice under RCW 11.130.420(6) or a subsequent order;
(b) May require additional information from the conservator;
(c) May appoint a court visitor to interview the individual subject to conservatorship or conservator or investigate any matter involving the conservatorship; and
(d) Consistent with RCW 11.130.565 and 11.130.570, may hold a hearing to consider removal of the conservator, termination of the conservatorship, or a change in the powers granted to the conservator or terms of the conservatorship.
(7) If the court has reason to believe fees requested by a conservator are not reasonable, the court shall hold a hearing to determine whether to adjust the requested fees.
(8) A conservator must petition the court for approval of a report filed under this section. The court after review may approve the report. If the court approves the report, there is a rebuttable presumption the report is accurate as to a matter adequately disclosed in the report.
(9) An order, after notice and hearing, approving an interim report of a conservator filed under this section adjudicates liabilities concerning a matter adequately disclosed in the report, as to a person given notice of the report or accounting.
(10) If the court approves a report filed under this section, the order approving the report shall set the due date for the filing of the next report to be filed under this section. The court may set the review at annual, biennial, or triennial intervals with the report due date to be within ninety days of the anniversary date of appointment. When determining the report interval, the court can consider: The length of time the conservator has been serving the person under conservatorship; whether the conservator has timely filed all required reports with the court; whether the conservator is monitored by other state or local agencies; the income of the person subject to conservatorship; the value of the property of the person subject to conservatorship; the adequacy of the bond and other verified receipt; and whether there have been any allegations of abuse, neglect, or a breach of fiduciary duty against the conservator.
(11) If the court approves a report filed under this section, the order approving the report shall contain a conservatorship summary or accompanied by a conservatorship summary in the form or substantially in the same form as set forth in RCW 11.130.665.
(12) If the court approves a report filed under this section, the order approving the report shall direct the clerk of the court to reissue letters of office in the form or substantially in the same form as set forth in RCW 11.130.660 to the conservator containing an expiration date which will be within one hundred eighty days after the date the court directs the conservator file its next report.
(13) An order, after notice and hearing, approving a final report filed under this section discharges the conservator from all liabilities, claims, and causes of action by a person given notice of the report and the hearing as to a matter adequately disclosed in the report.
(14) Any requirement to establish a monitoring program under this section is subject to appropriation.
[ 2020 c 312 § 222; 2019 c 437 § 423.]
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.