Wash. Rev. Code § 11.130.000009
ARTICLE 1 GENERAL PROVISIONS
Revised Code of Washington Chapter 11.130 — Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act
Washington · statute · Wash. Rev. Code ch. 11.130 · 146 active provisions
Provisions
Wash. Rev. Code § 11.130.001
Intent
It is the intent of the legislature to protect the liberty and autonomy of all people of this state, and to enable them to exercise their rights under the law to the maximum extent, consistent with the capacity of each person. The legislature recognizes that people with incapacities have unique abilities and needs, and…
Wash. Rev. Code § 11.130.005
Short title
This chapter may be cited as the uniform guardianship, conservatorship, and other protective arrangements act.
Wash. Rev. Code § 11.130.010
Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Adult" means an individual at least eighteen years of age or an emancipated individual under eighteen years of age.(2) "Adult subject to conservatorship" means an adult for whom a conservator has been appoin…
Wash. Rev. Code § 11.130.015
Supplemental principles of law and equity applicable
Unless displaced by a particular provision of this chapter, the principles of law and equity supplement its provisions.
Wash. Rev. Code § 11.130.020
Subject matter jurisdiction
(1) Except to the extent jurisdiction is precluded by the uniform child custody jurisdiction and enforcement act (chapter 26.27 RCW), the superior court of each county has jurisdiction over a guardianship for a minor domiciled or present in this state. The court has jurisdiction over a conservatorship or protective arr…
Wash. Rev. Code § 11.130.025
Transfer of proceeding
(1) This section does not apply to a guardianship or conservatorship for an adult that is subject to the transfer provisions of the uniform adult guardianship and protective proceedings jurisdiction act (chapter 11.90 RCW).(2) After appointment of a guardian or conservator, the court that made the appointment may trans…
Wash. Rev. Code § 11.130.030
Venue
(1) Venue for a guardianship proceeding for a minor is in:(a) The county in which the minor resides or is present at the time the proceeding commences; or(b) The county in which another proceeding concerning the custody or parental rights of the minor is pending.(2) Venue for a guardianship proceeding or protective arr…
Wash. Rev. Code § 11.130.035
Practice in court
(1) Except as otherwise provided in this chapter, the rules of evidence and civil procedure, including rules concerning appellate review, govern a proceeding under this chapter.(2) If proceedings for a guardianship, conservatorship, or protective arrangement under Article 5 of this chapter for the same individual are c…
Wash. Rev. Code § 11.130.037
Presumption of legal capacity
For the purposes of this chapter, an adult is presumed to have legal capacity.
Wash. Rev. Code § 11.130.040
Letters of office
(1) The court shall issue letters of guardianship to a guardian on filing by the guardian of an acceptance of appointment.(2) The court shall issue letters of conservatorship to a conservator on filing by the conservator of an acceptance of appointment and filing of any required bond or compliance with any other verifi…
Wash. Rev. Code § 11.130.045
Effect of acceptance of appointment
On acceptance of appointment, a guardian or conservator submits to personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship.
Wash. Rev. Code § 11.130.050
Co-guardian—Co-conservator
(1) The court at any time may appoint a co-guardian or co-conservator to serve immediately or when a designated event occurs.(2) A co-guardian or co-conservator appointed to serve immediately may act when that co-guardian or co-conservator complies with RCW 11.130.040.(3) A co-guardian or co-conservator appointed to se…
Wash. Rev. Code § 11.130.055
Judicial appointment of successor guardian or successor conservator
(1) The court at any time may appoint a successor guardian or successor conservator to serve immediately or when a designated event occurs.(2) A person entitled under RCW 11.130.190 or 11.130.270 to petition the court to appoint a guardian may petition the court to appoint a successor guardian. A person entitled under…
Wash. Rev. Code § 11.130.060
Effect of death, removal, or resignation of guardian or conservator
(1) Appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator, or when the court under subsection (2) of this section approves a resignation of the guardian or conservator.(2) A guardian or conservator must petition the court to resign. The petition may include a request…
Wash. Rev. Code § 11.130.065
Notice of hearing generally
(1) Except as otherwise provided in RCW 11.130.195, 11.130.220, 11.130.275, 11.130.370, and 11.130.600, if notice of a hearing under this chapter is required, the movant shall give notice of the date, time, and place of the hearing to the person to be notified unless otherwise ordered by the court for good cause. Excep…
Wash. Rev. Code § 11.130.070
Waiver of notice
(1) Except as otherwise provided in subsection (2) of this section, a person may waive notice under this chapter in a record signed by the person or person's attorney and filed in the proceeding.(2) A respondent, individual subject to guardianship, individual subject to conservatorship, or individual subject to a prote…
Wash. Rev. Code § 11.130.075
Guardian ad litem
The court at any time may appoint a guardian ad litem for an individual if the court determines the individual's interest otherwise would not be adequately represented. If no conflict of interest exists, a guardian ad litem may be appointed to represent multiple individuals or interests. The guardian ad litem may not b…
Wash. Rev. Code § 11.130.080
Request for notice
(1) A person may file with the court a request for notice under this chapter if the person is:(a) Not otherwise entitled to notice; and(b) Interested in the welfare of a respondent, individual subject to guardianship or conservatorship, or individual subject to a protective arrangement under Article 5 of this chapter.(…
Wash. Rev. Code § 11.130.085
Disclosure of bankruptcy or criminal history
(1) Before accepting appointment as a guardian or conservator, a person shall disclose to the court whether the person:(a) Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding;(b) Has been convicted of:(i) A felony;(ii) A crime involving dishonesty, neglect, violence, or use of physical force…
Wash. Rev. Code § 11.130.090
Qualifications
(1) Any suitable person over the age of 21 years, 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,…
Wash. Rev. Code § 11.130.095
Multiple nominations
If a respondent or other person makes more than one nomination of a guardian or conservator, the latest in time governs.
Wash. Rev. Code § 11.130.100
Compensation and expenses—In general
(1) Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this chapter is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the respondent.(2) Unless otherwise compensated or reimbursed, an attorney, or other person wh…
Wash. Rev. Code § 11.130.105
Compensation of guardian or conservator
(1) Subject to court approval, a guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, clothing, and other appropriate expenses advanced for the benefit of the individual subject to guardianship. The court shall determine if the fees charged by a guardian and con…
Wash. Rev. Code § 11.130.110
Liability of guardian or conservator for act of individual subject to guardianship or conservatorship
A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the individual subject to guardianship or conservatorship.
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