Wash. Rev. Code § 11.90.010
Short title
GENERAL PROVISIONS This chapter may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.
Revised Code of Washington Chapter 11.90 — Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Washington · statute · Wash. Rev. Code ch. 11.90 · 23 active provisions
Provisions
Wash. Rev. Code § 11.90.020
Definitions
In this chapter:(1) "Adult" means an individual who has attained eighteen years of age.(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 11.130 RCW, and includes a conservator appointed by the court in another state.(3) "Guardian"…
Wash. Rev. Code § 11.90.030
Foreign country treatment
A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.
Wash. Rev. Code § 11.90.040
Communications with out-of-state courts
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2) of this section, the court shall make a record of the communication. The record…
Wash. Rev. Code § 11.90.050
Requests between in-state and out-of-state courts
(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:(a) Hold an evidentiary hearing;(b) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;(c) Order that an…
Wash. Rev. Code § 11.90.060
Testimony and documentary evidence from another state
(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony…
Wash. Rev. Code § 11.90.200
Definitions
JURISDICTION (1) In this chapter:(a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.(b) "Home state"…
Wash. Rev. Code § 11.90.210
Exclusive jurisdictional basis
This chapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult under chapter 11.130 RCW.
Wash. Rev. Code § 11.90.220
Appointing a guardian or issuing a protective order
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:(1) This state is the respondent's home state;(2) On the date the petition is filed, this state is a significant-connection state and:(a) The respondent does not have a home state or a court of the respondent's…
Wash. Rev. Code § 11.90.230
Special jurisdiction
(1) A court of this state lacking jurisdiction under RCW 11.90.220 has special jurisdiction to do any of the following:(a) Appoint a guardian in an emergency for a term not exceeding sixty days for a respondent who is physically present in this state;(b) Issue a protective order with respect to real or tangible persona…
Wash. Rev. Code § 11.90.240
Exclusive jurisdiction for court appointing a guardian or issuing a protective order
Except as otherwise provided in RCW 11.90.230, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Wash. Rev. Code § 11.90.250
In-state court declining jurisdiction
(1) A court of this state having jurisdiction under RCW 11.90.220 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.(2) If a court of this state declines to exercise its jurisdiction under sub…
Wash. Rev. Code § 11.90.260
Jurisdiction required by unjustifiable conduct
(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:(a) Decline to exercise jurisdiction;(b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the hea…
Wash. Rev. Code § 11.90.270
Notice of petition requirements when not respondent's home state on filing date
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who…
Wash. Rev. Code § 11.90.280
Rules when guardian appointment or protective order petition is filed in Washington and another state
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under RCW 11.90.230(1) (a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither…
Wash. Rev. Code § 11.90.400
Procedure for transfer of guardianship or conservatorship to an out-of-state court
TRANSFER OF GUARDIANSHIP (1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.(2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition in this state f…
Wash. Rev. Code § 11.90.410
Procedures for transfer of guardianship or conservatorship to Washington
(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to RCW 11.90.400, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional o…
Wash. Rev. Code § 11.90.420
Registering out-of-state guardianship
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgm…
Wash. Rev. Code § 11.90.430
Registering an out-of-state protective order
If a guardian of the estate or conservator has been appointed in another state and a petition for a protective order is not pending in this state, the guardian of the estate or conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective ord…
Wash. Rev. Code § 11.90.440
Enforcement of guardianship or protective order from another state
(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or…
Wash. Rev. Code § 11.90.450
Uniformity
MISCELLANEOUS PROVISIONS In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Wash. Rev. Code § 11.90.460
Application of the federal electronic signatures in global and national commerce act
This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of…
Wash. Rev. Code § 11.90.470
Application
(1) This chapter applies to guardianship and protective proceedings filed on or after January 1, 2010.(2) RCW 11.90.010 through 11.90.060 and 11.90.400 through 11.90.460 apply to proceedings filed before January 1, 2010, regardless of whether a guardianship or protective order has been issued.