wa-law.org > bill > 2025-26 > SB 5837 > Original Bill
Any suitable adult person , or any parent under the age of 21 years or, if the petition is for appointment of a professional guardian or conservator, any individual or guardianship or conservatorship service that meets any certification requirements established by the administrator for the courts, may, if not otherwise disqualified, be appointed guardian or conservator of a person subject to guardianship, conservatorship, or both. A financial institution subject to the jurisdiction of the department of financial institutions and authorized to exercise trust powers, and a federally chartered financial institution when authorized to do so, may be appointed to act as a guardian or conservator of a person subject to guardianship, conservatorship, or both without having to meet the certification requirements established by the administrator for the courts. No person is qualified to serve as a guardian or conservator who is:
Under 18 years of age except as otherwise provided herein;
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Except as provided otherwise in (b)(ii) of this subsection, convicted of a crime involving dishonesty, neglect, or use of physical force or other crime relevant to the functions the individual would assume as guardian;
A court may, upon consideration of the facts, find that a relative convicted of a crime is qualified to serve as a guardian or conservator;
A nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and caused such appointment to be filed with the court;
A corporation not authorized to act as a fiduciary, guardian, or conservator in the state;
A person whom the court finds unsuitable.
If a guardian, or conservator is not a certified professional guardian, conservator, or financial institution authorized under this section, the guardian or conservator must complete any standardized training video or web cast for lay guardians or conservators made available by the administrative office of the courts and the superior court where the petition is filed unless granted a waiver by the court. The training video or web cast must be provided at no cost to the guardian, or conservator.
If a petitioner requests the appointment of a specific individual to act as a guardian or conservator, the petition for guardianship or conservatorship must include evidence of the successful completion of the required training video or web cast by the proposed guardian or conservator. The superior court may defer the completion of the training requirement to a date no later than 90 days after appointment if the petitioner requests expedited appointment due to emergent circumstances.
If no person is identified to be appointed guardian or conservator at the time the petition is filed, then the court must require that the petitioner identify within 30 days from the filing of the petition a specific individual to act as guardian or conservator subject to the training requirements set forth herein. If the petitioner fails to identify a guardian or conservator within 30 days of filing, the court shall dismiss the guardianship or conservatorship.
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The attorney general may petition for the appointment of a guardian, conservator, or other protective arrangement under RCW 11.130.270, 11.130.365, and 11.130.595 in which there is cause to believe that a guardianship, conservatorship, or protective arrangement is necessary and no private party is able and willing to petition.
Prepayment of a filing fee shall not be required in any guardianship, conservatorship, or protective arrangement proceeding brought by the attorney general. Payment of the filing fee shall be ordered from the estate of the respondent person at the hearing on the merits of the petition, unless in the judgment of the court, such payment would impose a hardship upon the respondent, in which case the filing shall be waived.
No filing fee shall be charged by the court for filing a petition for guardianship, conservatorship, or other protective arrangement filed under RCW 11.130.270, 11.130.365, and 11.130.595 if the petition alleges that the respondent has total assets of a value of less than $3,000.
No filing fee shall be charged by the court for filing a petition for guardianship or conservatorship filed under Article 2 of this chapter, where the potential guardian is not a professional guardian or conservator.
All petitions filed under RCW 11.130.190 for appointment of a guardian for a minor shall be heard within 90 days unless extended by the court for good cause shown.
If a petition is filed under RCW 11.130.190, the court shall schedule a hearing and the petitioner shall:
Serve notice of the date, time, and place of the hearing, together with a copy of the petition and supplemental declaration, personally on each of the following that is not the petitioner:
The minor, if the minor is 12 years of age or older. The court may, upon a showing of good cause, order that information concerning the reasons for the guardianship contained in the petition, the supplemental declaration, and all subsequently filed pleadings and evidence by any party, not be served on the minor if the minor is unrepresented. A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record;
Each known parent of the minor ;
Any guardian or person with nonparental custody of the minor issued under chapter 26.10 RCW; and
Any other person the court determines should receive personal service of notice; and
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(A) Any adult with primary care and custody of the minor who is not a parent, guardian, or person with nonparental custody issued under chapter 26.10 RCW;
(B) Each person that had primary care or custody of the minor for at least 60 days during the two years immediately before the filing of the petition or for at least 730 days during the five years immediately before the filing of the petition, if known;
(C) Any person nominated as guardian by the minor, if the minor is 12 years of age or older;
(D) Any nominee of a parent;
(E) Each grandparent and adult sibling of the minor, if known;
(F) Any conservator acting for the minor in any jurisdiction; and
(G) Any other person the court determines.
ii. When the court finds that a party entitled to personal service in (a) of this subsection is unable to be served, the court may allow service by alternative means including, but not limited to, mail by the United States postal service, email, text message, social media applications, or other technologies, with proof of service subsequently filed with the court detailing such service. Such service shall be accepted as complete and has the same jurisdictional effect as service by publication.
iii. The court may waive notice to persons listed under (b)(i) of this subsection for good cause. Good cause includes an allegation that giving notice may risk harm to the minor.
Notice required by subsection (2) of this section must include a statement of the right to request appointment of an attorney for the minor or object to appointment of a guardian and a description of the nature, purpose, and consequences of appointment of a guardian. Notice for the minor must specifically state all rights retained by the minor including the right to request counsel, the right to attend, and the right to participate and communicate with the court. Notice for the minor must also state whether the court has entered any prior order limiting information served upon the minor, and that the minor may ask the court to reconsider the court's order at any time. Notice for the minor must include information on how the minor can respond to the petition.
The court may not grant a petition for guardianship of a minor if notice substantially complying with subsection (2)(a) of this section is not served on:
The minor, if the minor is 12 years of age or older; and
Each parent of the minor, unless the court finds by clear and convincing evidence that the parent cannot with due diligence be located and served or the parent waived, in a record, the right to notice.
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If a petitioner is unable to serve notice under subsection (2)(a) of this section on a parent of a minor or alleges that the parent waived, in a record, the right to notice under this section, the court shall appoint a court visitor or guardian ad litem who shall:
(A) Whether the parent cannot be located with due diligence; and
(B) Whether the parent consents to the guardian for the minor; and
ii. Investigate any other matter relating to the petition the court directs.
b. The court visitor or guardian ad litem may assist a minor who is the sole petitioner in effecting service and notice.
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In all cases involving a minor 12 years of age and older when the minor is unrepresented, the court shall appoint a court visitor or guardian ad litem who shall:
Interview the petitioner and the minor; and
Meet with the minor and explain the rights retained by the minor under RCW 11.130.200 and 11.130.205 and as outlined in the notice requirements under this section. The court visitor or guardian ad litem shall ascertain the minor's views or positions regarding the guardianship and shall file a report to the court, including such views or positions in the report. If the minor wishes the court to reconsider any prior order limiting information served upon the minor, the court visitor or guardian ad litem shall inform the court of the minor's request
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b. The court shall determine whether to appoint a court visitor or guardian ad litem as soon as possible after the filing of the petition.
The court may appoint an attorney to represent a minor who is the subject of a proceeding under RCW 11.130.190 if:
Requested by the minor and the minor is 12 years of age or older;
Recommended by a guardian ad litem; or
The court determines the minor needs representation. The court may appoint an attorney for a minor, including in modification and termination actions, or when a minor is under age 12, as the court determines necessary.
The court must appoint an attorney for a minor 12 years of age or older if the parent of the minor objects to guardianship and has an attorney, pursuant to subsection (5) or (6) of this section. If the sole petitioner is the minor, the court must provide an attorney for the minor upon receipt of the petition.
An attorney appointed under subsection (1) of this section shall:
Make a reasonable effort to ascertain the minor's wishes;
Advocate for the minor's wishes to the extent reasonably ascertainable; and
If the minor's wishes are not reasonably ascertainable, advocate for the minor's legal rights.
A minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the minor in the proceeding.
A parent of a minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the parent in the proceeding.
The court must appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190 if:
The parent has appeared in the proceeding;
The parent is indigent; and
Any of the following is true:
The parent objects to appointment of a guardian for the minor; or
The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or
The court otherwise determines the parent needs representation.
The court must inquire about whether a parent is indigent to ensure that counsel is appointed as soon as possible after the filing of the petition. For purposes of this section, "indigent" has the same meaning as under RCW 10.101.010.
The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190, even if the parent is not indigent, if:
The parent objects to appointment of a guardian for the minor;
The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or
The court otherwise determines that the parent needs representation.
A party represented by an attorney in proceedings under this article, or a guardian ad litem, has the right to introduce evidence, to be heard in his or her own behalf, and to examine witnesses. If a party to an action under this article is represented by counsel, no order may be provided to that party for signature without prior notice and provision of the order to counsel.
The court is not required, but may appoint an attorney to represent a petitioner of a minor guardianship if:
The petitioner is indigent as defined in RCW 10.101.010 and one or more parties contest the guardianship and have either secured or been appointed legal counsel;
The court determines that such an appointment for the petitioner is necessary to support the efficiency of ongoing court proceedings and to ensure that the court has sufficient information to protect the interests of the minor; or
The court otherwise determines that the petitioner needs representation.
The court shall allow a minor who is the subject of a hearing under RCW 11.130.195 to attend the hearing, or other proceedings such as mediation or settlement conferences, and allow the minor to participate in the proceedings unless the court determines that:
The minor lacks the ability or maturity to participate meaningfully in the hearing; or
Attendance would be harmful to the minor.
Unless excused by the court for good cause, the person proposed to be appointed as guardian for a minor shall attend a hearing under RCW 11.130.195.
Each parent of a minor who is the subject of a hearing under RCW 11.130.195 has the right to attend the hearing.
A person may request permission to participate in a hearing under RCW 11.130.195. The court may grant the request, with or without hearing, on determining that it is in the best interest of the minor who is the subject of the hearing. The court may impose appropriate conditions on the person's participation.
Before granting any order under this chapter, the court must consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child.
Before entering a final order, the court must:
Direct the department of children, youth, and families to release information regarding all proposed guardians and all adult members of any proposed guardian's household ;
Require the petitioner to provide the results of an examination of criminal identification data provided by the Washington state patrol criminal identification system as described in chapter 43.43 RCW for all proposed guardians as well as all adult members of the proposed guardian's household; and
When a guardianship is contested, direct the department of children, youth, and families to release information regarding parents and any party seeking custody, and all adults in their households, in regard to any minor.
After a hearing under RCW 11.130.195, the court may appoint a guardian for a minor, if appointment is proper under RCW 11.130.185, dismiss the proceeding, or take other appropriate action consistent with this chapter or law of this state other than this chapter.
In appointing a guardian under subsection (1) of this section, the following rules apply:
The court shall appoint a person nominated as guardian by a parent of the minor in a probated will or other record unless the court finds the appointment is contrary to the best interest of the minor. Any "other record" must be a declaration or other sworn document and may include a power of attorney or other sworn statement as to the care, custody, or control of the minor child.
If multiple parents have nominated different persons to serve as guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that appointment of none of the nominees is in the best interest of the minor.
If a guardian is not appointed under (a) or (b) of this subsection, the court shall appoint the person nominated by the minor if the minor is 12 years of age or older unless the court finds that appointment is contrary to the best interest of the minor. In that case, the court shall appoint as guardian a person whose appointment is in the best interest of the minor.
In the interest of maintaining or encouraging involvement by a minor's parent in the minor's life, developing self-reliance of the minor, or for other good cause, the court, at the time of appointment of a guardian for the minor or later, on its own or on motion of the minor or other interested person, may create a limited guardianship by limiting the powers otherwise granted by this article to the guardian. Following the same procedure, the court may grant additional powers or withdraw powers previously granted.
The court, as part of an order appointing a guardian for a minor, shall state rights retained by any parent of the minor, which shall preserve the parent-child relationship through an order for parent-child visitation and other contact, unless the court finds the relationship should be limited or restricted under RCW 26.09.191 or 26.09.192; and which may include decision making regarding the minor's health care, education, or other matter, or access to a record regarding the minor. In the absence of court-ordered restrictions, parents may participate in the care of the child, receive the child's records, be notified of the child's hospital care, and attend conferences and events at the child's school.
An order granting a guardianship for a minor must state that each parent of the minor is entitled to notice that:
The guardian has delegated custody of the minor subject to guardianship;
The court has modified or limited the powers of the guardian; or
The court has removed the guardian.
An order granting a guardianship for a minor must identify any person in addition to a parent of the minor which is entitled to notice of the events listed in subsection (5) of this section.
An order granting guardianship for a minor must direct the clerk of the court to issue letters of office to the guardian containing an expiration date which should be the minor's 18th birthday.
A standby guardian appointed under this section may act as guardian, with all duties and powers of a guardian under RCW 11.130.230 and 11.130.235, when no parent of the minor is willing or able to exercise the duties and powers granted to the guardian.
A parent of a minor, in a signed record, may nominate a person to be appointed by the court as standby guardian for the minor. The parent, in a signed record, may state desired limitations on the powers to be granted the standby guardian. The parent, in a signed record, may revoke or amend the nomination at any time before the court appoints a standby guardian.
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The court may appoint a standby guardian for a minor on:
Petition by a parent of the minor or a person nominated under subsection (2) of this section; and
Finding that, within two years after the appointment, no parent of the minor likely will be able or willing to perform parenting functions as defined in RCW 26.09.004.
The court may extend the standby guardianship, for good cause shown, at the court's discretion.
A petition under subsection (3)(a)(i) of this section must include the same information required under RCW 11.130.190 for the appointment of a guardian for a minor.
On filing a petition under subsection (3)(a)(i) of this section, the petitioner shall:
Serve a copy of the petition personally on:
The minor, if the minor is 12 years of age or older, and the minor's attorney, if any;
Each parent of the minor;
The person nominated as standby guardian; and
Any other person the court determines; and
Include with the copy of the petition served under (a) of this subsection a statement of the right to request appointment of an attorney for the minor or to object to appointment of the standby guardian, and a description of the nature, purpose, and consequences of appointment of a standby guardian.
The court may, upon a showing of good cause, order that the information concerning the reasons for the standby guardianship contained in the petition and all subsequently filed pleadings and evidence by any party not be served on the minor if the minor is unrepresented. A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record.
A person entitled to notice under subsection (5) of this section, not later than 60 days after service of the petition and statement, may object to appointment of the standby guardian by filing an objection with the court and giving notice of the objection to each other person entitled to notice under subsection (5) of this section.
If an objection is filed under subsection (7) of this section, the court shall hold a hearing to determine whether a standby guardian should be appointed and, if so, the person that should be appointed. If no objection is filed, the court may make the appointment.
The court may not grant a petition for a standby guardian of the minor if notice substantially complying with subsection (5) of this section is not served on:
The minor, if the minor is 12 years of age or older; and
Each parent of the minor, unless the court finds by clear and convincing evidence that the parent, in a record, waived the right to notice or cannot be located and served with due diligence.
If a petitioner is unable to serve notice under subsection (5) of this section on a parent of the minor or alleges that a parent of the minor waived the right to notice under this section, the court shall appoint a court visitor who shall:
Interview the petitioner and the minor;
If the petitioner alleges the parent cannot be located and served, ascertain whether the parent cannot be located with due diligence; and
Investigate any other matter relating to the petition the court directs.
If the court finds under subsection (3) of this section that a standby guardian should be appointed, the following rules apply:
The court shall appoint the person nominated under subsection (2) of this section unless the court finds the appointment is contrary to the best interest of the minor.
If the parents have nominated different persons to serve as standby guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that appointment of none of the nominees is in the best interest of the minor.
An order appointing a standby guardian under this section must state that each parent of the minor is entitled to notice, and identify any other person entitled to notice, if:
The standby guardian assumes the duties and powers of the guardian;
The guardian delegates custody of the minor;
The court modifies or limits the powers of the guardian; or
The court removes the guardian.
Before assuming the duties and powers of a guardian, a standby guardian must file with the court an acceptance of appointment as guardian and give notice of the acceptance to:
Each parent of the minor, unless the parent, in a record, waived the right to notice or cannot be located and served with due diligence;
The minor, if the minor is 12 years of age or older; and
Any person, other than the parent, having care or custody of the minor.
A person that receives notice under subsection (13) of this section or any other person interested in the welfare of the minor may file with the court an objection to the standby guardian's assumption of duties and powers of a guardian. The court shall hold a hearing if the objection supports a reasonable belief that the conditions for assumption of duties and powers have not been satisfied.
On its own, on motion when a guardianship petition is filed under RCW 11.130.190, or on petition by a person interested in a minor's welfare, including the minor, the court may appoint an emergency guardian for the minor if the court finds:
Appointment of an emergency guardian is likely to prevent substantial harm to the minor's health, safety, or welfare; and
No other person appears to have authority, ability, and the willingness to act to prevent substantial harm to the minor's health, safety, or welfare.
The duration of authority of an emergency guardian for a minor may not exceed 60 days and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended once for not more than 60 days if the court finds that the conditions for appointment of an emergency guardian in subsection (1) of this section continue.
Except as otherwise provided in subsection (4) of this section, reasonable notice, including by methods described in RCW 11.130.195(2)(b) (ii) and (iii), of the date, time, and place of a hearing on a motion for or a petition for appointment of an emergency guardian for a minor must be given to:
The minor, if the minor is 12 years of age or older;
Any attorney appointed under RCW 11.130.200;
Each parent of the minor;
Any person, other than a parent, having care or custody of the minor; and
Any other person the court determines.
The court may appoint an immediate emergency guardian for a minor without notice under subsection (3) of this section and a hearing only if the court finds from an affidavit or testimony that the minor's health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an immediate emergency guardian without notice to an unrepresented minor or the attorney for a represented minor, notice of the appointment must be given not later than four days after the appointment to the individuals listed in subsection (3) of this section. Not later than 14 days after the appointment, the court shall hold a hearing on the appropriateness of the appointment; provided, however, that the 14-day period may be extended by agreement or for good cause at the court's discretion.
Appointment of an emergency guardian under this section, with or without notice, is not a determination that a basis exists for appointment of a guardian under RCW 11.130.185.
The court may remove an emergency guardian appointed under this section at any time. The emergency guardian shall make any report the court requires.
Notwithstanding subsection (2) of this section, the court may extend an emergency guardianship pending the outcome of a full hearing under RCW 11.130.190 or 11.130.220.
If a petition for guardianship under RCW 11.130.190 is pending, or is subsequently filed after a petition under this section, the cases shall be linked or consolidated.
Guardianship under this chapter for a minor terminates:
On the minor's death, adoption, emancipation, or attainment of majority; or
When the court finds that the basis in RCW 11.130.185 for appointment of a guardian no longer exists, unless the court finds that:
Termination of the guardianship would be harmful to the minor; and
The minor's interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor.
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A minor subject to guardianship or a person interested in the welfare of the minor, including a parent, may petition the court to terminate the guardianship, modify the guardianship, remove the guardian and appoint a successor guardian, or remove a standby guardian and appoint a different standby guardian.
A modification motion may be brought due to changes in circumstances.
A petitioner under subsection (2) of this section shall give notice of the hearing on the petition to the minor, if the minor is 12 years of age or older and is not the petitioner, the guardian, each parent of the minor, and any other person the court determines.
The court shall follow the priorities in RCW 11.130.215(2) when selecting a successor guardian for a minor.
Not later than 30 days after appointment of a successor guardian for a minor, the court shall give notice of the appointment to the minor subject to guardianship, if the minor is 12 years of age or older, each parent of the minor, and any other person the court determines.
When terminating a guardianship for a minor under this section, the court may issue an order providing for transitional arrangements that will assist the minor with a transition of custody and is in the best interest of the minor.
A guardian for a minor that is removed shall cooperate with a successor guardian to facilitate transition of the guardian's responsibilities and protect the best interest of the minor.
All petitions filed under RCW 11.130.270 for appointment of a guardian for an adult shall be heard within 60 days unless an extension of time is requested by a party or the court visitor within such 60-day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing date.
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A copy of a petition under RCW 11.130.270 and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.280 not more than five court days after the petition under RCW 11.130.270 has been filed.
Notice under this subsection shall include a clear and easily readable statement of the legal rights of the respondent that could be restricted or transferred to a guardian by a guardianship order as well as the right to counsel of choice and to a jury trial on whether a basis exists under RCW 11.130.265 for the appointment of a guardian and the issue of the respondent's rights that will be retained or restricted if a guardian is appointed. Such notice must be in substantially the same form as set forth in RCW 11.130.657 and must be double-spaced and in a type size not smaller than 16 point font. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent.
In a proceeding on a petition under RCW 11.130.270, the notice required under subsection (2) of this section must be given to the persons required to be listed in the petition under RCW 11.130.270(3) (a) through (c) and any other notice party. Failure to give notice under this subsection does not preclude the court from appointing a guardian.
After the appointment of a guardian, notice of a hearing on a petition for an order under this article, together with a copy of the petition, must be given to:
The adult subject to guardianship;
The guardian; and
Any other notice party or person the court determines pursuant to RCW 11.130.310(5) or a subsequent court order.
On receipt of a petition under RCW 11.130.270 for appointment of a guardian for an adult, the court shall appoint a court visitor. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the petition.
The court, in the order appointing a court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. The fee shall be charged to the person subject to a guardianship or conservatorship proceeding unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That the court may charge such fee to the petitioner, the person subject to a guardianship or conservatorship proceeding, or any person who has appeared in the action; or may allocate the fee, as it deems just. If the petition is found to be frivolous or not brought in good faith, the court visitor fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.
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The court visitor appointed under subsection (1) of this section shall within five days of receipt of notice of appointment file with the court and serve, either personally or by first-class mail , the respondent or his or her legal counsel, the petitioner or his or her legal counsel, and any interested party entitled to notice under RCW 11.130.080 with a statement including: His or her training relating to the duties as a court visitor; his or her criminal history as defined in RCW 9.94A.030 for the period covering 10 years prior to the appointment; his or her hourly rate, if compensated; whether the court visitor has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the court visitor's statement, any party may set a hearing and file and serve a motion for an order to show cause why the court visitor should not be removed for one of the following three reasons:
Lack of expertise necessary for the proceeding;
An hourly rate higher than what is reasonable for the particular proceeding; or
A conflict of interest.
Notice of the hearing shall be provided to the court visitor and all parties. If, after a hearing, the court enters an order replacing the court visitor, findings shall be included, expressly stating the reasons for the removal. If the court visitor is not removed, the court has the authority to assess to the moving party attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.
A court visitor appointed under subsection (1) of this section shall interview the respondent in person and, in a manner the respondent is best able to understand:
Explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing on the petition, the right to counsel of choice and to a jury trial, and the general powers and duties of a guardian;
Determine whether the respondent would like to request the appointment of an attorney, and determine the respondent's views about the appointment sought by the petitioner, including views about a proposed guardian, the guardian's proposed powers and duties, and the scope and duration of the proposed guardianship; and
Inform the respondent that all costs and expenses of the proceeding, including the respondent's attorney's fees, may be paid from the respondent's assets.
If the respondent objects to the petition or requests appointment of an attorney, the court visitor shall petition the court to have an attorney appointed within five days of meeting the respondent.
The court visitor appointed under subsection (1) of this section shall:
Interview the petitioner and proposed guardian, if any;
Visit the respondent's present dwelling and any dwelling in which it is reasonably believed the respondent will live if the appointment is made;
Obtain information from any physician or other person known to have treated, advised, or assessed the respondent's relevant physical or mental condition; and
Investigate the allegations in the petition and any other matter relating to the petition the court directs.
A court visitor appointed under subsection (1) of this section shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.080 at least 15 days prior to the hearing on the petition filed under RCW 11.130.270, which must include:
A summary of self-care and independent living tasks the respondent can manage without assistance or with existing supports, could manage with the assistance of appropriate supportive services, technological assistance, or supported decision making, and cannot manage;
A recommendation regarding the appropriateness of guardianship, including whether a protective arrangement instead of guardianship or other less restrictive alternative for meeting the respondent's needs is available and:
If a guardianship is recommended, whether it should be full or limited; and
If a limited guardianship is recommended, the powers to be granted to the guardian;
A statement of the qualifications of the proposed guardian and whether the respondent approves or disapproves of the proposed guardian;
A statement whether the proposed dwelling meets the respondent's needs and whether the respondent has expressed a preference as to residence;
A statement whether the respondent declined a professional evaluation under RCW 11.130.290 and what other information is available to determine the respondent's needs and abilities without the professional evaluation;
A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and
Any other matter the court directs.
The appointment of a court visitor has no effect on the determination of the adult respondent's legal capacity and does not overcome the presumption of legal capacity or full legal and civil rights of the adult respondent.
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The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in guardianship proceedings. Any attorney purporting to represent a respondent or person subject to guardianship shall petition the court to be appointed to represent the respondent or person subject to guardianship.
Unless the respondent in a proceeding for appointment of a guardian for an adult is represented by an attorney, the court is not required, but may appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, except as provided otherwise in (c) of this subsection.
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(A) The respondent is unable to afford an attorney;
(B) The expense of an attorney would result in substantial hardship to the respondent; or
(C) The respondent does not have practical access to funds with which to pay an attorney. If the respondent can afford an attorney but lacks practical access to funds, the court must provide an attorney and may impose a reimbursement requirement as part of a final order.
ii. When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent.
iii. The court visitor, under the requirements of RCW 11.130.280(4), will advise the court of the need for appointment of counsel for the respondent within five court days after the meeting with the respondent unless:
(A) Counsel has appeared;
(B) The respondent has affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available; or
(C) The respondent was unable to communicate at all on the subject, and the court visitor is satisfied that the respondent does not affirmatively desire to be represented by counsel.
iv. An attorney must be provided under this subsection (1)(c) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation.
An attorney representing the respondent in a proceeding for appointment of a guardian for an adult shall:
Make reasonable efforts to ascertain the respondent's wishes;
Advocate for the respondent's wishes to the extent reasonably ascertainable; and
If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive in type, duration, and scope, consistent with the respondent's interests.
The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the record after:
The respondent or individual subject to guardianship requests the record be sealed; and
Either:
The petition for guardianship is dismissed; or
The guardianship is terminated.
An adult subject to a proceeding for a guardianship, whether or not a guardian is appointed, an attorney designated by the adult, and a person entitled to notice under RCW 11.130.310(5) or a subsequent order are entitled to access court records of the proceeding and resulting guardianship, including the guardian's plan under RCW 11.130.340 and report under RCW 11.130.345. A person not otherwise entitled to access court records under this subsection for good cause may petition the court for access to court records of the guardianship, including the guardian's report and plan. The court shall grant access if access is in the best interest of the respondent or adult subject to guardianship or furthers the public interest and does not endanger the welfare or financial interests of the adult.
A report under RCW 11.130.280 of a visitor or a professional evaluation under RCW 11.130.290 is confidential and must be sealed on filing, but is available to:
The court;
The individual who is the subject of the report or evaluation, without limitation as to use;
The petitioner, visitor, petitioner's and respondent's attorneys, and proposed guardians and conservators and their attorneys, for purposes of the proceeding;
Unless the court orders otherwise, an agent appointed under a power of attorney for health care or power of attorney for finances in which the respondent is the principal; and
Any other person if it is in the public interest or for a purpose the court orders for good cause.
A court order appointing a guardian for an adult must:
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;
Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition;
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
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.
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.
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.
A court order establishing a limited guardianship for an adult must state the specific powers granted to the guardian.
The court, as part of an order establishing a guardianship for an adult, shall identify any person that subsequently is entitled to:
Notice of the rights of the adult under RCW 11.130.315;
Notice of a change in the primary dwelling of the adult;
Notice that the guardian has delegated:
The power to manage the care of the adult;
The power to make decisions about where the adult lives;
The power to make major medical decisions on behalf of the adult;
A power that requires court approval under RCW 11.130.335; or
Substantially all powers of the guardian;
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;
A copy of the guardian's plan under RCW 11.130.340 and the guardian's report under RCW 11.130.345;
Access to court records relating to the guardianship;
Notice of the death or significant change in the condition of the adult;
Notice that the court has limited or modified the powers of the guardian; and
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.
All orders establishing a guardianship for an adult must contain:
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;
The date which the limited guardian or guardian must file the guardian's plan under RCW 11.130.340(1);
A determination of whether the plan must be reviewed, and if so, the date by which the court will review the guardian's plan as required by RCW 11.130.340(4);
The report interval which the guardian shall file its guardian's report under RCW 11.130.345. The report interval may be annual, biennial, or triennial;
The date the limited guardian or guardian must file its guardian's report under RCW 11.130.345. The due date of the filing of the report shall be within 90 days after the anniversary date of the appointment;
The date for the court to review the guardian's report under RCW 11.130.345 and enter its order. The court shall conduct the review within 120 days after the anniversary date of the appointment; and
The date on which the original letters of office shall expire, which date shall be 180 days after the anniversary date of appointment.
If the respondent in a proceeding to appoint a conservator is a minor, the court may appoint a court visitor to investigate a matter related to the petition or inform the minor or a parent of the minor about the petition or a related matter.
If the respondent in a proceeding to appoint a conservator is an adult, the court shall appoint a court visitor. The duties and reporting requirements of the court visitor are limited to the relief requested in the petition. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the petition.
The court, in the order appointing court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. The fee shall be charged to the person subject to a guardianship or conservatorship proceeding unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That the court may charge such fee to the petitioner, the person subject to a guardianship or conservatorship proceeding, or any person who has appeared in the action; or may allocate the fee, as it deems just. If the petition is found to be frivolous or not brought in good faith, the court visitor fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.
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The court visitor appointed under subsection (1) or (2) of this section shall within five days of receipt of notice of appointment file with the court and serve, either personally or by first-class mail , the respondent or his or her legal counsel, the petitioner or his or her legal counsel, and any interested party entitled to notice under RCW 11.130.080 with a statement including: His or her training relating to the duties as a court visitor; his or her criminal history as defined in RCW 9.94A.030 for the period covering 10 years prior to the appointment; his or her hourly rate, if compensated; whether the court visitor has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the court visitor's statement, any party may set a hearing and file and serve a motion for an order to show cause why the court visitor should not be removed for one of the following three reasons:
Lack of expertise necessary for the proceeding;
An hourly rate higher than what is reasonable for the particular proceeding; or
A conflict of interest.
Notice of the hearing shall be provided to the court visitor and all parties. If, after a hearing, the court enters an order replacing the court visitor, findings shall be included, expressly stating the reasons for the removal. If the court visitor is not removed, the court has the authority to assess to the moving party attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.
A court visitor appointed under subsection (2) of this section for an adult shall interview the respondent in person and in a manner the respondent is best able to understand:
Explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing on the petition, the right to counsel of choice and to a jury trial, and the general powers and duties of a conservator;
Determine whether the respondent would like to request the appointment of an attorney, and determine the respondent's views about the appointment sought by the petitioner, including views about a proposed conservator, the conservator's proposed powers and duties, and the scope and duration of the proposed conservatorship; and
Inform the respondent that all costs and expenses of the proceeding, including respondent's attorneys' fees, may be paid from the respondent's assets.
If the respondent objects to the petition or requests appointment of an attorney, the court visitor shall petition the court to have an attorney appointed within five days of meeting the respondent.
A court visitor appointed under subsection (2) of this section for an adult shall:
Interview the petitioner and proposed conservator, if any;
Review financial records of the respondent, if relevant to the court visitor's recommendation under subsection (8)(b) of this section;
Investigate whether the respondent's needs could be met by a protective arrangement instead of conservatorship or other less restrictive alternative and, if so, identify the arrangement or other less restrictive alternative; and
Investigate the allegations in the petition and any other matter relating to the petition the court directs.
A court visitor appointed under subsection (2) of this section for an adult shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.080 at least 15 days prior to the hearing on the petition filed under RCW 11.130.365, which must include:
A recommendation:
Regarding the appropriateness of conservatorship, or whether a protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's needs is available;
If a conservatorship is recommended, whether it should be full or limited;
If a limited conservatorship is recommended, the powers to be granted to the conservator, and the property that should be placed under the conservator's control; and
If a conservatorship is recommended, the amount of the bond or other verified receipt needed under RCW 11.130.445 and 11.130.500;
A statement of the qualifications of the proposed conservator and whether the respondent approves or disapproves of the proposed conservator;
A statement whether the respondent declined a professional evaluation under RCW 11.130.390 and what other information is available to determine the respondent's needs and abilities without the professional evaluation;
A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and
Any other matter the court directs.
The appointment of a court visitor has no effect on the determination of the adult respondent's legal capacity and does not overcome the presumption of legal capacity or full legal and civil rights of the adult respondent.
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The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in conservatorship proceedings. Any attorney purporting to represent a respondent or person subject to conservatorship shall petition the court to be appointed to represent the respondent or person subject to conservatorship.
Unless the respondent in a proceeding for appointment of a conservator is represented by an attorney, the court must appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, when:
The respondent objects to the petition or requests appointment of an attorney to the court visitor; or
In the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented.
c.If an attorney is appointed for the respondent pursuant to (b) of this subsection, the attorney shall be appointed at public expense if:
i. The respondent is unable to afford an attorney;
ii. The expense of an attorney would result in substantial hardship to the respondent; or
iii. The respondent does not have practical access to funds with which to pay an attorney. If the respondent can afford an attorney but lacks practical access to funds, the court must provide an attorney and may impose a reimbursement requirement as part of a final order.
If the respondent objects to the petition or requests appointment of an attorney, the court visitor, under the requirements of RCW 11.130.380(6), shall petition the court to have an attorney appointed within five days of meeting the respondent.
An attorney must be provided under (b) of this subsection as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation.
An attorney representing the respondent in a proceeding for appointment of a conservator shall:
Make reasonable efforts to ascertain the respondent's wishes;
Advocate for the respondent's wishes to the extent reasonably ascertainable; and
If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive in type, duration, and scope, consistent with the respondent's interests.
The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.365 if:
The parent objects to appointment of a conservator;
The court determines that counsel is needed to ensure that consent to appointment of a conservator is informed; or
The court otherwise determines the parent needs representation.
Except as otherwise provided in subsection (2) of this section, a hearing under RCW 11.130.370 may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology.
A hearing under RCW 11.130.370 may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:
The respondent has refused to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so;
There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services or technological assistance; or
The respondent is a minor who has received proper notice and attendance would be harmful to the minor.
The respondent may be assisted in a hearing under RCW 11.130.370 by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
The respondent has a right to choose an attorney to represent the respondent at a hearing under RCW 11.130.370.
At a hearing under RCW 11.130.370, the respondent may:
Present evidence and subpoena witnesses and documents;
Examine witnesses, including any court-appointed evaluator and the visitor; and
Otherwise participate in the hearing.
Unless excused by the court for good cause, a proposed conservator shall attend a hearing under RCW 11.130.370.
A hearing under RCW 11.130.370 must be closed on request of the respondent and a showing of good cause.
Any person may request to participate in a hearing under RCW 11.130.370. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after:
The respondent, the individual subject to conservatorship, or the parent of a minor subject to conservatorship requests the record be sealed; and
Either:
The petition for conservatorship is dismissed; or
The conservatorship is terminated.
An individual subject to a proceeding for a conservatorship, whether or not a conservator is appointed, an attorney designated by the individual, and a person entitled to notice under RCW 11.130.420(6) or a subsequent order may access court records of the proceeding and resulting conservatorship, including the conservator's plan under RCW 11.130.510 and the conservator's report under RCW 11.130.530. A person not otherwise entitled access to court records under this section for good cause may petition the court for access to court records of the conservatorship, including the conservator's plan and report. The court shall grant access if access is in the best interest of the respondent or individual subject to conservatorship or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
A report under RCW 11.130.380 of a court visitor or professional evaluation under RCW 11.130.390 is confidential and must be sealed on filing, but is available to:
The court;
The individual who is the subject of the report or evaluation, without limitation as to use;
The petitioner, court visitor, petitioner's and respondent's attorneys, and proposed guardians and conservators and their attorneys, for purposes of the proceeding;
Unless the court directs otherwise, an agent appointed under a power of attorney for finances in which the respondent is identified as the principal; and
Any other person if it is in the public interest or for a purpose the court orders for good cause.
A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor.
A court order appointing a conservator for a minor may dispense with the requirement for the conservator to file reports with the court under RCW 11.130.530 if all the property of the minor subject to the conservatorship is protected by a verified receipt.
A court order appointing a conservator for an adult must:
Include a specific finding that clear and convincing evidence has established that the identified needs of the respondent cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternatives, including use of appropriate supportive services, technological assistance, or supported decision making; and
Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition.
A court order establishing a full conservatorship for an adult must state the basis for granting a full conservatorship and include specific findings to support the conclusion that a limited conservatorship would not meet the functional needs of the adult.
A court order establishing a limited conservatorship must state the specific property placed under the control of the conservator and the powers granted to the conservator.
The court, as part of an order establishing a conservatorship, shall identify any person that subsequently is entitled to:
Notice of the rights of the individual subject to conservatorship under RCW 11.130.425(1);
Notice of a sale of or surrender of a lease to the primary dwelling of the individual;
Notice that the conservator has delegated a power that requires court approval under RCW 11.130.435 or substantially all powers of the conservator;
Notice that the conservator will be unavailable to perform the conservator's duties for more than one month;
A copy of the conservator's plan under RCW 11.130.510 and the conservator's report under RCW 11.130.530;
Access to court records relating to the conservatorship;
Notice of a transaction involving a substantial conflict between the conservator's fiduciary duties and personal interests;
Notice of the death or significant change in the condition of the individual;
Notice of the removal of the conservator.
If an individual subject to conservatorship is an adult, the spouse, domestic partner, and adult children of the adult subject to conservatorship are entitled under subsection (6) of this section to notice unless the court orders otherwise based on good cause. Good cause includes the court's determination that notice would be contrary to the preferences or prior directions of the adult subject to conservatorship.
If an individual subject to conservatorship is a minor, each parent and adult sibling of the minor is entitled under subsection (6) of this section to notice unless the court determines notice would not be in the best interest of the minor.
All orders establishing a conservatorship for an adult must contain:
A conservatorship 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;
The date which the limited conservator or conservator must file the conservator's plan under RCW 11.130.510;
The date which the limited conservator or conservator must file an inventory under RCW 11.130.515;
A determination of whether the plan must be reviewed, and if so, the date by which the court will review the conservator's plan as required by RCW 11.130.510;
The report interval which the conservator must file its report under RCW 11.130.530. The report interval may be annual, biennial, or triennial;
The date the limited conservator or conservator must file its report under RCW 11.130.530. The due date of the filing of the report shall be within 90 days after the anniversary date of the appointment;
The date for the court to review the report under RCW 11.130.530 and enter its order. The court shall conduct the review within 120 days after the anniversary date of the appointment; and
The date on which the original letters of office shall expire, which date shall be 180 days after the anniversary date of appointment.
Not later than 14 days after appointment of a conservator under RCW 11.130.420, the conservator shall give to the individual subject to conservatorship and any other person entitled to notice under RCW 11.130.420 (6) and (7) a copy of the order of appointment and a statement of the rights of the individual subject to conservatorship and procedures to seek relief if the individual is denied those rights. The statement must be in plain language, in at least 16-point font, and to the extent feasible, in a language in which the individual subject to conservatorship is proficient. The statement must notify the individual subject to conservatorship of the right to:
Seek termination or modification of the conservatorship, or removal of the conservator, and choose an attorney to represent the individual in these matters;
Participate in decision making to the extent reasonably feasible;
Receive a copy of the conservator's plan under RCW 11.130.510, the conservator's inventory under RCW 11.130.515, and the conservator's report under RCW 11.130.530; and
Object to the conservator's inventory, plan, or report.
If a conservator is appointed for the reasons stated in RCW 11.130.360(2)(a)(ii) and the individual subject to conservatorship is missing, notice under this section to the individual is not required.
On filing of a petition under RCW 11.130.580 for a protective arrangement instead of guardianship, the court shall appoint a court visitor. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the petition.
On filing of a petition under RCW 11.130.580 for a protective arrangement instead of conservatorship for a minor, the court may appoint a court visitor to investigate a matter related to the petition or inform the minor or a parent of the minor about the petition or a related matter.
On filing of a petition under RCW 11.130.580 or a protective arrangement instead of conservatorship for an adult, the court shall appoint a court visitor unless the respondent is represented by an attorney appointed by the court. The court visitor must be an individual with training or experience in the types of abilities, limitations, and needs alleged in the petition.
The court, in the order appointing a court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. The fee shall be charged to the person subject to a guardianship, conservatorship, or other protective arrangement proceeding unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That the court may charge such fee to the petitioner, the person subject to a guardianship or conservatorship proceeding, or any person who has appeared in the action; or may allocate the fee, as it deems just. If the petition is found to be frivolous or not brought in good faith, the court visitor fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.
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The court visitor appointed under subsection (1) or (3) of this section shall within five days of receipt of notice of appointment file with the court and serve, either personally or by first-class mail , the respondent or his or her legal counsel, the petitioner or his or her legal counsel, and any interested party entitled to notice under RCW 11.130.080 with a statement including: His or her training relating to the duties as a court visitor; his or her criminal history as defined in RCW 9.94A.030 for the period covering 10 years prior to the appointment; his or her hourly rate, if compensated; whether the court visitor has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the court visitor's statement, any party may set a hearing and file and serve a motion for an order to show cause why the court visitor should not be removed for one of the following three reasons:
Lack of expertise necessary for the proceeding;
An hourly rate higher than what is reasonable for the particular proceeding; or
A conflict of interest.
Notice of the hearing shall be provided to the court visitor and all parties. If, after a hearing, the court enters an order replacing the court visitor, findings shall be included, expressly stating the reasons for the removal. If the court visitor is not removed, the court has the authority to assess to the moving party attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.
A court visitor appointed under subsection (1) or (3) of this section shall interview the respondent in person and in a manner the respondent is best able to understand:
Explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, and the respondent's rights at the hearing on the petition;
Determine the respondent's views with respect to the order sought;
Inform the respondent that all costs and expenses of the proceeding, including respondent's attorneys' fees, may be paid from the respondent's assets;
If the petitioner seeks an order related to the dwelling of the respondent, visit the respondent's present dwelling and any dwelling in which it is reasonably believed the respondent will live if the order is granted;
If a protective arrangement instead of guardianship is sought, obtain information from any physician or other person known to have treated, advised, or assessed the respondent's relevant physical or mental condition;
If a protective arrangement instead of conservatorship is sought, review financial records of the respondent, if relevant to the court visitor's recommendation under subsection (7)(b) of this section; and
Investigate the allegations in the petition and any other matter relating to the petition the court directs.
A court visitor under subsection (1), (2), or (3) of this section promptly shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.580 (1) through (3), at least 15 days prior to the hearing on the petition filed under RCW 11.130.585, 11.130.590, or 11.130.595, which must include:
To the extent relevant to the order sought, a summary of self-care, independent living tasks, and financial management tasks the respondent:
Can manage without assistance or with existing supports;
Could manage with the assistance of appropriate supportive services, technological assistance, or supported decision making; and
Cannot manage;
A recommendation regarding the appropriateness of the protective arrangement sought and whether a less restrictive alternative for meeting the respondent's needs is available;
If the petition seeks to change the physical location of the dwelling of the respondent, a statement whether the proposed dwelling meets the respondent's needs and whether the respondent has expressed a preference as to the respondent's dwelling;
A statement whether the respondent declined a professional evaluation under RCW 11.130.615 and what other information is available to determine the respondent's needs and abilities without the professional evaluation;
A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and
Any other matter the court directs.
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The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in protective arrangement proceedings. Any attorney purporting to represent a respondent or person subject to a protective arrangement shall petition the court to be appointed to represent the respondent or person subject to a protective arrangement.
Unless the respondent in a proceeding under this article is represented by an attorney, the court must appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, when the respondent objects to the petition or requests appointment of an attorney to the court visitor.
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(A) The respondent is unable to afford an attorney;
(B) The expense of an attorney would result in substantial hardship to the respondent; or
(C) The respondent does not have practical access to funds with which to pay an attorney. If the respondent can afford an attorney but lacks practical access to funds, the court must provide an attorney and may impose a reimbursement requirement as part of a final order.
ii. When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent.
iii. The court visitor, under the requirements of RCW 11.130.280(5), will advise the court of the need for appointment of counsel for the respondent within five court days after the meeting with the respondent.
iv. An attorney must be provided under this subsection (1)(c) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation.
An attorney representing the respondent in a proceeding under this article shall:
Make reasonable efforts to ascertain the respondent's wishes;
Advocate for the respondent's wishes to the extent reasonably ascertainable; and
If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive alternative in type, duration, and scope, consistent with the respondent's interests.
The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under this article if:
The parent objects to the entry of an order for a protective arrangement instead of guardianship or conservatorship;
The court determines that counsel is needed to ensure that consent to the entry of an order for a protective arrangement is informed; or
The court otherwise determines the parent needs representation.
Except as otherwise provided in subsection (2) of this section, a hearing under this article may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology.
A hearing under this article may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:
The respondent has refused to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so;
There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance; or
The respondent is a minor who has received proper notice and attendance would be harmful to the minor.
The respondent may be assisted in a hearing under this article by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
The respondent has a right to choose an attorney to represent the respondent at a hearing under this article.
At a hearing under this article, the respondent may:
Present evidence and subpoena witnesses and documents;
Examine witnesses, including any court-appointed evaluator and the visitor; and
Otherwise participate in the hearing.
A hearing under this article must be closed on request of the respondent and a showing of good cause.
Any person may request to participate in a hearing under this article. The court may grant the request, with or without a hearing, on determining that the best interests of the respondent will be served. The court may impose appropriate conditions on the person's participation.
The existence of a proceeding for or the existence of a protective arrangement instead of guardianship or conservatorship is a matter of public record unless the court seals the record after:
The respondent, the individual subject to the protective arrangement, or the parent of a minor subject to the protective arrangement requests the record be sealed; and
Either:
The proceeding is dismissed;
The protective arrangement is no longer in effect; or
An act authorized by the order granting the protective arrangement has been completed.
A respondent, an individual subject to a protective arrangement instead of guardianship or conservatorship, an attorney designated by the respondent or individual, a parent of a minor subject to a protective arrangement, and any other person the court determines are entitled to access court records of the proceeding and resulting protective arrangement. A person not otherwise entitled access to court records under this subsection for good cause may petition the court for access. The court shall grant access if access is in the best interest of the respondent or individual subject to the protective arrangement or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
A report of a visitor or professional evaluation generated in the course of a proceeding under this article must be sealed on filing but is available to:
The court;
The individual who is the subject of the report or evaluation, without limitation as to use;
The petitioner, visitor, petitioner's and respondent's attorneys, and proposed guardians and conservators and their attorneys, for purposes of the proceeding;
Unless the court orders otherwise, an agent appointed under a power of attorney for finances in which the respondent is the principal;
If the order is for a protective arrangement instead of guardianship and unless the court orders otherwise, an agent appointed under a power of attorney for health care in which the respondent is identified as the principal; and
Any other person if it is in the public interest or for a purpose the court orders for good cause.
The following are disqualified from acting as a supporter:
A person who is an employer or employee of the adult with a disability, unless the person is : (a) An immediate family member of the adult with a disability; or (b) a certified professional guardian and conservator or certified professional guardian and conservator agency;
A person directly providing paid support services to the adult with a disability, unless the person is an immediate family member of the adult with a disability; and
An individual against whom the person with a disability has obtained an order of protection from abuse, or an individual who is the subject of a civil or criminal order prohibiting contact with the adult with a disability.
A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement.
A person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement.
A person who is asked to accept an acknowledged supported decision-making agreement may request, and rely upon without further investigation, a supporter's certification given under penalty of perjury meeting the following requirements:
The person presenting themselves as the supporter and signing the affidavit or declaration is the person so named in the supported decision-making agreement;
To the best of the supporter's knowledge, the principal is still alive;
To the best of the supporter's knowledge, at the time the supported decision-making agreement was signed, the principal was competent to execute the document and was not under undue influence to sign the document;
The supporter does not have actual knowledge of the revocation, termination, limitation, or modification of the supported decision-making agreement or of the supporter's authority; and
The supporter is acting in good faith pursuant to the authority given under the supported decision-making agreement.
Except as otherwise provided in subsection (5) of this section:
If a person requests a certification, the person shall accept the supported decision-making agreement no later than five business days after receipt of the certification; and
A person may not require an additional or different form of supported decision-making agreement for authority granted in the supported decision-making agreement presented.
A person is not required to accept an acknowledged supported decision-making agreement if:
The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
Engaging in a transaction with the supporter or the principal in the same circumstances would be inconsistent with federal law;
The person has actual knowledge of the termination of the supporter's authority or of the supported decision-making agreement before exercise of the power;
A request for a certification is refused;
The person in good faith believes that the power is not valid or that the supporter does not have the authority to perform the act requested, whether or not a certification has been requested or provided; or
The person makes, or has actual knowledge that another person has made, a report to the department of social and health services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the supporter or a person acting for or with the supporter.
A person who refuses in violation of this section to accept an acknowledged supported decision-making agreement is subject to:
A court order mandating acceptance of the supported decision-making agreement; and
Liability for reasonable attorneys' fees and costs incurred in any action or proceeding that confirms the validity of the supported decision-making agreement or mandates acceptance of the supported decision-making agreement.