title: RCW 11.130.310

text:
(1) A court order appointing a guardian for an adult must:
(a) 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;
(b) Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition;
(c) 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
(d) 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.
(2) 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.
(3) 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.
(4) A court order establishing a limited guardianship for an adult must state the specific powers granted to the guardian.
(5) The court, as part of an order establishing a guardianship for an adult, shall identify any person that subsequently is entitled to:
(a) Notice of the rights of the adult under RCW 11.130.315;
(b) Notice of a change in the primary dwelling of the adult;
(c) Notice that the guardian has delegated:
(i) The power to manage the care of the adult;
(ii) The power to make decisions about where the adult lives;
(iii) The power to make major medical decisions on behalf of the adult;
(iv) A power that requires court approval under RCW 11.130.335; or
(v) Substantially all powers of the guardian;
(d) 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;
(e) A copy of the guardian's plan under RCW 11.130.340 and the guardian's report under RCW 11.130.345;
(f) Access to court records relating to the guardianship;
(g) Notice of the death or significant change in the condition of the adult;
(h) Notice that the court has limited or modified the powers of the guardian; and
(i) Notice of the removal of the guardian.
(6) 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.
(7) All orders establishing a guardianship for an adult must contain:
(a) 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;
(b) The date which the limited guardian or guardian must file the guardian's plan under RCW 11.130.340(1);
(c) 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;
(d) 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;
(e) 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
(f) The date on which the original letters of office shall expire, which date shall be 180 days after the anniversary date of appointment.
[ 2026 c 177 s 5; 2019 c 437 s 310.]

catchline: Order of appointment for guardian.


doc_type: statute

jurisdiction: wa

title: RCW 11.130.315

text:
Not later than 14 days after appointment of a guardian under RCW 11.130.305, the guardian shall give to the adult subject to guardianship and any other person entitled to notice under RCW 11.130.310 (5) or (6) or a subsequent order a copy of the order of appointment and a statement of the rights of the adult subject to guardianship and procedures to seek relief if the adult is denied those rights. The statement must be in at least sixteen-point font, in plain language, and, to the extent feasible, in a language in which the adult subject to guardianship is proficient. The statement must notify the adult subject to guardianship of the right to:
(1) Seek termination or modification of the guardianship, or removal of the guardian, and choose an attorney to represent the adult in these matters;
(2) Be involved in decisions affecting the adult, including decisions about the adult's care, dwelling, activities, or social interactions, to the extent reasonably feasible;
(3) Be involved in health care decision making to the extent reasonably feasible and supported in understanding the risks and benefits of health care options to the extent reasonably feasible;
(4) Be notified at least fourteen days before a change in the adult's primary dwelling or permanent move to a nursing home, mental health facility, or other facility that places restrictions on the individual's ability to leave or have visitors unless the change or move is proposed in the guardian's plan under RCW 11.130.340 or authorized by the court by specific order;
(5) Object to a change or move described in subsection (4) of this section and the process for objecting;
(6) Communicate, visit, or interact with others, including receiving visitors, and making or receiving telephone calls, personal mail, or electronic communications, including through social media, unless:
(a) The guardian has been authorized by the court by specific order to restrict communications, visits, or interactions;
(b) A protective order or protective arrangement instead of guardianship is in effect that limits contact between the adult and a person; or
(c) The guardian has good cause to believe restriction is necessary because interaction with a specified person poses a risk of significant physical, psychological, or financial harm to the adult, and the restriction is:
(i) For a period of not more than seven business days if the person has a relative or preexisting social relationship with the adult; or
(ii) For a period of not more than sixty days if the person does not have a relative or preexisting social relationship with the adult;
(7) Receive a copy of the guardian's plan under RCW 11.130.340 and the guardian's report under RCW 11.130.345;
(8) Object to the guardian's plan or report; and
(9) Associate with persons of their choosing as provided in RCW 11.130.335(5).
[ 2024 c 267 s 5; 2019 c 437 s 311.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Notice of order of appointment—Rights.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 11.130.320

text:
(1) A person interested in an adult's welfare, including the adult for whom the order is sought, may petition for appointment of an emergency guardian for the adult.
(2) An emergency petition under subsection (1) of this section must state the petitioner's name, principal residence, and current street address, if different, and, to the extent known, the following:
(a) The respondent's name, age, principal residence, and current street address, if different;
(b) The name and address of the respondent's:
(i) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the twelve-month period immediately before the filing of the emergency petition;
(ii) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and
(iii) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the emergency petition;
(c) The name and current address of each of the following, if applicable:
(i) A person responsible for care of the respondent;
(ii) Any attorney currently representing the respondent;
(iii) Any representative payee appointed by the social security administration for the respondent;
(iv) A guardian or conservator acting for the respondent in this state or in another jurisdiction;
(v) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
(vi) Any fiduciary for the respondent appointed by the department of veterans affairs;
(vii) Any representative payee or authorized representative or protective payee;
(viii) An agent designated under a power of attorney for health care in which the respondent is identified as the principal;
(ix) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;
(x) A person nominated as guardian by the respondent;
(xi) A person nominated as guardian by the respondent's parent or spouse or domestic partner in a will or other signed record;
(xii) A proposed emergency guardian, and the reason the proposed emergency guardian should be selected; and
(xiii) A person known to have routinely assisted the respondent with decision making during the six months immediately before the filing of the emergency petition;
(d) The reason an emergency guardianship is necessary, including a specific description of:
(i) The nature and extent of the emergency situation;
(ii) The nature and extent of the respondent's alleged emergency need that arose because of the emergency situation;
(iii) The substantial and irreparable harm to the respondent's health, safety, welfare, or rights that is likely to be prevented by the appointment of an emergency guardian;
(iv) All protective arrangements or other less restrictive alternatives that have been considered or implemented to meet the respondent's alleged emergency need instead of emergency guardianship;
(v) If no protective arrangements or other less restrictive alternatives have been considered or implemented instead of emergency guardianship, the reason they have not been considered or implemented; and
(vi) The reason a protective arrangement or other less restrictive alternative instead of emergency guardianship is insufficient to meet the respondent's alleged emergency need;
(e) The reason the petitioner believes that a basis for appointment of a guardian under RCW 11.130.265 exists;
(f) Whether the petitioner intends to also seek guardianship for an adult under RCW 11.130.270;
(g) The reason the petitioner believes that no other person appears to have authority and willingness to act to address the respondent's identified needs caused by the emergency circumstances;
(h) The specific powers to be granted to the proposed emergency guardian and a description of how those powers will be used to meet the respondent's alleged emergency need;
(i) If the respondent has property other than personal effects, a general statement of the respondent's property, with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts; and
(j) Whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings.
(3) The requirements of RCW 11.130.090 apply to an emergency guardian appointed for an adult with the following exceptions for any proposed emergency guardian required to complete the training under RCW 11.130.090:
(a) The proposed emergency guardian shall present evidence of the successful completion of the required training video or web cast to the court no later than the hearing on the petition for appointment of an emergency guardian for an adult; and
(b) The superior court may defer the completion of the training requirement to a date no later than fourteen days after appointment if the petitioner requests an extension of time to complete the training due to emergent circumstances beyond the control of the petitioner.
(4) On its own after a petition has been filed under RCW 11.130.270, or on petition for appointment of an emergency guardian for an adult, the court may appoint an emergency guardian for the adult if the court makes specific findings based on clear and convincing evidence that:
(a) An emergency exists such that appointment of an emergency guardian is likely to prevent substantial and irreparable harm to the adult's physical health, safety, or welfare;
(b) The respondent's identified needs caused by the emergency cannot be met by a protective arrangement or other less restrictive alternative instead of emergency guardianship;
(c) No other person appears to have authority and willingness to act to address the respondent's identified needs caused by the emergency circumstances; and
(d) There is reason to believe that a basis for appointment of a guardian under RCW 11.130.265 exists.
(5) If the court acts on its own to appoint an emergency guardian after a petition has been filed under RCW 11.130.270, all requirements of this section shall be met.
(6) A court order appointing an emergency guardian for an adult shall:
(a) Grant only the specific powers necessary to meet the adult's identified emergency need and to prevent substantial and irreparable harm to the adult's physical health, safety, or welfare;
(b) Include a specific finding that clear and convincing evidence established that an emergency exists such that appointment of an emergency guardian is likely to prevent substantial and irreparable harm to the respondent's health, safety, or welfare;
(c) Include a specific finding that the identified emergency need of the respondent cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative, including any relief available under chapter 74.34 RCW or use of appropriate supportive services, technological assistance, or supported decision making;
(d) Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition;
(e) State that the adult subject to emergency guardianship retains all rights the adult enjoyed prior to the emergency guardianship with the exception of the rights not retained during the period of emergency guardianship;
(f) Include the date that the sixty-day period of emergency guardianship ends, and the date the emergency guardian's report, required by this section, is due to the court; and
(g) Identify any person or notice party that subsequently is entitled to:
(i) Notice of the rights of the adult;
(ii) Notice of a change in the primary dwelling of the adult;
(iii) Notice of the removal of the guardian;
(iv) A copy of the emergency guardian's plan and the emergency guardian's report under this section;
(v) Access to court records relating to the emergency guardianship;
(vi) Notice of the death or significant change in the condition of the adult;
(vii) Notice that the court has limited or modified the powers of the emergency guardian; and
(viii) Notice of the removal of the emergency guardian.
(7) A spouse, a domestic partner, and adult children of an adult subject to emergency guardianship are entitled to notice under this section 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 emergency guardianship or not in the best interest of the adult subject to the emergency guardianship.
(8) The duration of authority of an emergency guardian for an adult may not exceed sixty days, and the emergency guardian may exercise only the powers specified in the order of appointment. Upon a motion by the petitioner, adult subject to emergency guardianship, court visitor, or the emergency guardian, with notice served upon all applicable notice parties, the emergency guardian's authority may be extended once for not more than sixty days if the court finds that the conditions for appointment of an emergency guardian in subsection (4) of this section continue.
(9) Immediately on filing of a petition for appointment of an emergency guardian for an adult, the court shall appoint an attorney to represent the respondent in the proceeding. Except as otherwise provided in subsection (10) of this section, an order appointing an emergency guardian for the respondent may not be entered unless the respondent, the respondent's attorney, and the court visitor appointed under subsection (11) of this section have received a minimum of fourteen days' notice of the date, time, and place of a hearing on the petition. The petitioner must cause a copy of the emergency petition and notice of a hearing on the petition to be personally served on the respondent, the respondent's attorney, and the court visitor not more than two court days after the petition has been filed. The notice must inform the respondent of the respondent's rights at the hearing, including the right to an attorney and to attend the hearing. The notice must include a description of the nature, purpose, and consequences of granting the emergency petition. The court shall not grant the emergency petition if notice substantially complying with this subsection is not served on the respondent.
(10) The court may appoint an emergency guardian for an adult without notice to the adult and any attorney for the adult only if the court finds from an affidavit or testimony that the respondent's physical health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without giving notice under subsection (9) of this section, the court must:
(a) Give notice of the appointment not later than forty-eight hours after the appointment to:
(i) The respondent;
(ii) The respondent's attorney; and
(iii) Any other person the court determines; and
(b) Schedule and hold a hearing on the appropriateness of the appointment not later than five days after the appointment.
(11) On receipt of a petition for appointment of emergency guardian for an adult, the court shall appoint a court visitor. The petitioner must cause notice of appointment of the court visitor to be served upon the court visitor within two days of appointment. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the emergency 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.
(a) The court visitor shall within two days of service of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, the respondent or the respondent's legal counsel, the petitioner or the petitioner's legal counsel, and any notice party with a statement including the court visitor's: Training relating to the duties as a court visitor; criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; hourly rate, if compensated; contact, if any, with a party to the proceeding prior to appointment; and apparent or actual conflicts of interest.
(b) A court visitor appointed under this section shall use due diligence to attempt to interview the respondent in person and, in a manner the respondent is best able to understand:
(i) Explain to the respondent the substance of the emergency petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing on the petition, and the proposed specific powers and duties of the proposed guardian as stated in the emergency petition;
(ii) Determine the respondent's views about the emergency appointment sought by the petitioner, including views about a proposed emergency guardian, the emergency guardian's proposed powers and duties, and the scope and duration of the proposed emergency guardianship; and
(iii) Inform the respondent that all costs and expenses of the proceeding, including but not limited to the respondent's attorneys' fees, the appointed guardian's fees, and the appointed guardian's attorneys' fees, will be paid from the respondent's assets upon approval by the court.
(c) The court visitor appointed under this section shall:
(i) Interview the petitioner and proposed emergency guardian;
(ii) Use due diligence to attempt to visit the respondent's present dwelling;
(iii) Use due diligence to attempt to obtain information from any physician or other person known to have treated, advised, or assessed the respondent's relevant physical or mental condition; and
(iv) Investigate the allegations in the emergency petition and any other matter relating to the emergency petition the court directs.
(d) A court visitor appointed under 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 notice party at least seven days prior to the hearing on the emergency petition, which must include:
(i) 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;
(ii) A recommendation regarding the appropriateness of emergency guardianship, including whether a protective arrangement instead of guardianship or other less restrictive alternative for meeting the respondent's needs is available, and if an emergency guardianship is recommended;
(iii) A detailed summary of the alleged emergency and the substantial and irreparable harm to the respondent's health, safety, welfare, or rights that is likely to be prevented by the appointment of an emergency guardian;
(iv) A statement as to whether the alleged emergency and the respondent's alleged needs are likely to require an extension of sixty days as authorized under this section;
(v) The specific powers to be granted to the emergency guardian and how the specific powers will address the alleged emergency and the respondent's alleged need;
(vi) A recommendation regarding the appropriateness of an ongoing guardianship for an adult, including whether a protective arrangement instead of guardianship or other less restrictive alternative for meeting the respondent's needs is available;
(vii) A statement of the qualifications of the proposed emergency guardian and whether the respondent approves or disapproves of the proposed emergency guardian, and the reasons for such approval or disapproval;
(viii) A recommendation whether a professional evaluation under RCW 11.130.290 is necessary;
(ix) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
(x) A statement whether the respondent is able to participate in a hearing which identifies any technology or other form of support that would enhance the respondent's ability to participate;
(xi) A statement, as needed when the petition seeks emergency authority to change the respondent's place of dwelling, as to whether the proposed dwelling meets the respondent's needs and whether the respondent has expressed a preference as to residence; and
(xii) Any other matter the court directs.
(12) An emergency guardian shall:
(a) Comply with the requirements of RCW 11.130.325, the requirements regarding the adult's right to association under RCW 11.130.335, and the requirements of this chapter that pertain to the rights of an adult subject to guardianship;
(b) Not have authority to make decisions or take actions that a guardian for an adult is prohibited by law from having; and
(c) Be subject to the same special limitations on a guardian's power that apply to a guardian for an adult.
(13) Appointment of an emergency guardian under this section is not a determination that a basis exists for appointment of a guardian under RCW 11.130.265.
(14) The court may remove an emergency guardian appointed under this section at any time.
(15) The emergency guardian shall file a report in a record with the court and provide a copy of the report to the adult subject to emergency guardianship, and any notice party no later than forty-five days after appointment. The report shall include specific and updated information regarding the emergency alleged in the emergency petition, the adult's emergency needs, all actions and decisions by the emergency guardian, and a recommendation as to whether a guardian for an adult should be appointed. If the appointment of the emergency guardian is extended for an additional sixty days, the emergency guardian shall file a second report in a record with the court and provide a copy of the report to the adult subject to emergency guardianship, and any notice party no later than forty-five days after extension of the appointment is granted by the court, which shall include the same information required for the first report. The emergency guardian shall make any other report the court requires.
(16) The court shall issue letters of emergency guardianship to the emergency guardian in compliance with RCW 11.130.040. Such letters shall be issued on an expedited basis.
[ 2024 c 267 s 6; 2020 c 312 s 204; 2019 c 437 s 312.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Emergency guardian for adult.


title: RCW 11.130.325

text:
(1) A guardian for an adult is a fiduciary and owes the highest duty of good faith and care to the person under a guardianship. The guardian shall not substitute his or her moral or religious values, opinions, or philosophical beliefs for those of the person under a guardianship. Except as otherwise limited by the court, a guardian for an adult shall make decisions regarding the support, care, education, health, and welfare of the adult subject to guardianship to the extent necessitated by the adult's limitations.
(2) A guardian for an adult shall promote the self-determination of the adult and, to the extent reasonably feasible, encourage the adult to participate in decisions, act on the adult's own behalf, and develop or regain the capacity to manage the adult's personal affairs. In furtherance of this duty, the guardian shall:
(a) Become or remain personally acquainted with the adult and maintain sufficient contact with the adult, including through regular visitation, to know the adult's abilities, limitations, needs, opportunities, and physical and mental health;
(b) To the extent reasonably feasible, identify the values and preferences of the adult and involve the adult in decisions affecting the adult, including decisions about the adult's care, dwelling, activities, or social interactions; and
(c) Make reasonable efforts to identify and facilitate supportive relationships and services for the adult.
(3) A guardian for an adult at all times shall exercise reasonable care, diligence, and prudence when acting on behalf of or making decisions for the adult. In furtherance of this duty, the guardian shall:
(a) Take reasonable care of the personal effects, pets, and service or support animals of the adult and bring a proceeding for a conservatorship or protective arrangement instead of conservatorship if necessary to protect the adult's property;
(b) Expend funds and other property of the adult received by the guardian for the adult's current needs for support, care, education, health, and welfare;
(c) Conserve any funds and other property of the adult not expended under (b) of this subsection for the adult's future needs, but if a conservator has been appointed for the adult, pay the funds and other property at least quarterly to the conservator to be conserved for the adult's future needs; and
(d) Monitor the quality of services, including long-term care services, provided to the adult.
(4) In making a decision for an adult subject to guardianship, the guardian shall make the decision the guardian reasonably believes the adult would make if the adult were able unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the adult. To determine the decision the adult subject to guardianship would make if able, the guardian shall consider the adult's previous or current directions, preferences, opinions, values, and actions, to the extent actually known or reasonably ascertainable by the guardian.
(5) If a guardian for an adult cannot make a decision under subsection (4) of this section because the guardian does not know and cannot reasonably determine the decision the adult probably would make if able, or the guardian reasonably believes the decision the adult would make would unreasonably harm or endanger the welfare or personal or financial interests of the adult, the guardian shall act in accordance with the best interests of the adult. In determining the best interests of the adult, the guardian shall consider:
(a) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the adult;
(b) Other information the guardian believes the adult would have considered if the adult were able to act; and
(c) Other factors a reasonable person in the circumstances of the adult would consider, including consequences for others.
(6) A guardian for an adult immediately shall notify the court if the condition of the adult has changed so that the adult is capable of exercising rights previously removed.
(7) The guardian shall file with the court within thirty days of any substantial change in the condition of the person under guardianship or any changes in the residence of the person under guardianship and shall provide a copy of the notice to the adult subject to guardianship, a person entitled to notice under RCW 11.130.310(5) or a subsequent order, and any other person the court has determined is entitled to notice.
(8) To inform any person entitled to notice under RCW 11.130.310(5) or a subsequent order, and any other person the court has determined is entitled to notice, but in no case more than five business days, after the person subject to guardianship:
(a) Makes a change in residence that is intended or likely to last more than fourteen calendar days;
(b) Has been admitted to a medical facility for acute care in response to a life-threatening injury or medical condition that requires inpatient care;
(c) Has been treated in an emergency room setting or kept for hospital observation for more than twenty-four hours; or
(d) Dies, in which case the notification must be made in person, by telephone, or by certified mail.
[ 2019 c 437 s 313.]

catchline: Duties of guardian for adult.


title: RCW 11.130.330

text:
(1) Except as limited by court order, a guardian for an adult may:
(a) Apply for and receive funds and benefits as a representative payee or an authorized representative or protective payee for the support of the adult, unless a conservator is appointed for the adult and the application or receipt is within the powers of the conservator;
(b) Unless inconsistent with a court order, establish the adult's place of dwelling;
(c) Consent to health or other care, treatment, or service for the adult;
(d) If a conservator for the adult has not been appointed, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel another person to support the adult or pay funds for the adult's benefit;
(e) To the extent reasonable, delegate to the adult responsibility for a decision affecting the adult's well-being; and
(f) Receive personally identifiable health care information regarding the adult.
(2) The court by specific order may authorize a guardian for an adult to consent to the adoption of the adult.
(3) The court by specific order may authorize a guardian for an adult to:
(a) Consent or withhold consent to the marriage of the adult if the adult's right to marry has been removed under RCW 11.130.310;
(b) Petition for divorce, dissolution, or annulment of marriage of the adult or a declaration of invalidity of the adult's marriage; or
(c) Support or oppose a petition for divorce, dissolution, or annulment of marriage of the adult or a declaration of invalidity of the adult's marriage.
(4) In determining whether to authorize a power under subsection (2) or (3) of this section, the court shall consider whether the underlying act would be in accordance with the adult's preferences, values, and prior directions and whether the underlying act would be in the adult's best interest.
(5) In exercising a guardian's power under subsection (1)(b) of this section to establish the adult's place of dwelling, the guardian shall:
(a) Select a residential setting the guardian believes the adult would select if the adult were able, in accordance with the decision-making standard in RCW 11.130.325 (4) and (5). If the guardian does not know and cannot reasonably determine what setting the adult subject to guardianship probably would choose if able, or the guardian reasonably believes the decision the adult would make would unreasonably harm or endanger the welfare or personal or financial interests of the adult, the guardian shall choose in accordance with RCW 11.130.325(5) a residential setting that is consistent with the adult's best interest;
(b) In selecting among residential settings, give priority to a residential setting in a location that will allow the adult to interact with persons important to the adult and meet the adult's needs in the least restrictive manner reasonably feasible unless to do so would be inconsistent with the decision-making standard in RCW 11.130.325 (4) and (5);
(c) Not later than thirty days after a change in the dwelling of the adult:
(i) Give notice of the change to the court, the adult, and any other notice party; and
(ii) Include in the notice the address and nature of the new dwelling and state whether the adult received advance notice of the change and whether the adult objected to the change;
(d) Establish or move the permanent place of dwelling of the adult to a care setting that places restrictions on the adult's ability to leave or have visitors only if:
(i) The establishment or move is in the guardian's plan under RCW 11.130.340;
(ii) The court authorizes the establishment or move; or
(iii) The guardian gives notice of the establishment or move at least fourteen days before the establishment or move to the adult and all persons entitled to notice under RCW 11.130.310(5)(b) or a subsequent order, and no objection is filed;
(e) Establish or move the place of dwelling of the adult outside this state only if consistent with the guardian's plan and authorized by the court by specific order; and
(f) Take action that would result in the sale of or surrender of the lease to the primary dwelling of the adult only if:
(i) The action is specifically included in the guardian's plan under RCW 11.130.340;
(ii) The court authorizes the action by specific order; or
(iii) Notice of the action was given at least fourteen days before the action to the adult and all persons entitled to the notice under RCW 11.130.310(5)(b) or a subsequent order and no objection has been filed.
(6) In exercising a guardian's power under subsection (1)(c) of this section to make health care decisions, the guardian shall:
(a) Involve the adult in decision making to the extent reasonably feasible, including, when practicable, by encouraging and supporting the adult in understanding the risks and benefits of health care options;
(b) Defer to a decision by an agent under a power of attorney for health care executed by the adult and cooperate to the extent feasible with the agent making the decision; and
(c) Take into account:
(i) The risks and benefits of treatment options; and
(ii) The current and previous wishes and values of the adult, if known or reasonably ascertainable by the guardian.
(7) Notwithstanding subsection (1)(b) of this section no care setting which provides nursing or other care may detain a person within such facility against their will. Any court order, other than an order issued in accordance with the involuntary treatment provisions of chapters 10.77, 71.05, and 72.23 RCW, which purports to authorize such involuntary detention or purports to authorize a guardian or limited guardian to consent to such involuntary detention on behalf of an individual subject to a guardianship shall be void and of no force or effect.
(8) Nothing in this section shall be construed to require a court order authorizing placement of an incapacitated person in a care setting if such order is not otherwise required by law: PROVIDED, That notice of any residential placement of an individual subject to a guardianship shall be served, either before or after placement, by the guardian or limited guardian on such individual, any court visitor of record, any guardian ad litem of record, and any attorney of record.
[ 2020 c 312 s 205; 2019 c 437 s 314.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Powers of guardian for adult.


title: RCW 11.130.335

text:
(1) A guardian for an adult does not have the power to revoke or amend a power of attorney for health care or power of attorney for finances executed by the adult. If a power of attorney for health care is in effect, unless there is a court order to the contrary, a health care decision of an agent takes precedence over that of the guardian and the guardian shall cooperate with the agent to the extent feasible. If a power of attorney for finances is in effect, unless there is a court order to the contrary, a decision by the agent which the agent is authorized to make under the power of attorney for finances takes precedence over that of the guardian and the guardian shall cooperate with the agent to the extent feasible. The court has authority to revoke or amend any power of attorney executed by the adult.
(2) A guardian for an adult shall not initiate the commitment of the adult to an evaluation and treatment facility except in accordance with the provisions of chapter 10.77, 71.05, or 72.23 RCW.
(3) Unless authorized by the court in accordance with subsection (4) of this section within the past thirty days, a guardian for an adult may not consent to any of the following procedures for the adult:
(a) Therapy or other procedure to induce convulsion;
(b) Surgery solely for the purpose of psychosurgery; or
(c) Other psychiatric or mental health procedures that restrict physical freedom of movement or the rights set forth in RCW 71.05.217.
(4) The court may order a procedure listed in subsection (3) of this section only after giving notice to the adult's attorney and holding a hearing. If the adult does not have an attorney, the court must appoint an attorney for the adult prior to entering an order under this subsection.
(5) Persons under a guardianship, conservatorship, or other protective arrangements—Right to associate with persons of their choosing.
(a) Except as otherwise provided in this section, an adult subject to a guardianship, conservatorship, or other protective arrangement retains the right to associate with other persons of the adult's choosing. This right includes, but is not limited to, the right to freely communicate and interact with other persons, whether through in-person visits, telephone calls, electronic communication, personal mail, or other means. If the adult subject to a guardianship, conservatorship, or other protective arrangement is unable to express consent for communication, visitation, or interaction with another person, or is otherwise unable to make a decision regarding association with another person, the guardian, conservator, or person acting under a protective arrangement, whether full or limited, must:
(i) Personally inform the adult subject to a guardianship, conservatorship, or other protective arrangement of the decision under consideration, using plain language, in a manner calculated to maximize the understanding of the adult;
(ii) Maximize the adult's participation in the decision-making process to the greatest extent possible, consistent with the adult's abilities; and
(iii) Give substantial weight to the adult's preferences, both expressed and historical.
(b) A guardian or limited guardian, a conservator or limited conservator, or a person acting under a protective arrangement may not restrict an adult's right to communicate, visit, interact, or otherwise associate with persons of the adult's choosing, unless:
(i) The restriction is specifically authorized by the court in the court order establishing or modifying the guardianship or limited guardianship, the conservatorship or limited conservatorship, or the protective arrangement under this chapter;
(ii) The restriction is pursuant to a protection order issued under chapter 7.105 RCW, or other law, that limits contact between the adult under a guardianship, conservatorship, or other protective arrangement and other persons;
(iii)(A) The guardian or limited guardian, the conservator or limited conservator, or the person acting under the protective arrangement has good cause to believe that there is an immediate need to restrict the adult's right to communicate, visit, interact, or otherwise associate with persons of the adult's choosing in order to protect the adult from abuse, neglect, abandonment, or financial exploitation, as those terms are defined in RCW 74.34.020, or to protect the adult from activities that unnecessarily impose significant distress on the adult; and
(B) Within fourteen calendar days of imposing the restriction under (b)(iii)(A) of this subsection, the guardian or limited guardian, the conservator or limited conservator, or the person acting under the protective arrangement files a petition for a vulnerable adult protection order under chapter 7.105 RCW. The immediate need restriction may remain in place until the court has heard and issued an order or decision on the petition; or
(iv) The restriction is pursuant to participation in the community protection program under chapter 71A.12 RCW.
(6) A vulnerable adult protection order under chapter 7.105 RCW issued to protect the adult under a guardianship, conservatorship, or other protective arrangement as described in subsection (5)(b)(iii)(B) of this section:
(a) Must include written findings of fact and conclusions of law;
(b) May not be more restrictive than necessary to protect the adult from abuse, neglect, abandonment, or financial exploitation as those terms are defined in RCW 7.105.010; and
(c) May not deny communication, visitation, interaction, or other association between the adult and another person unless the court finds that placing reasonable time, place, or manner restrictions is unlikely to sufficiently protect the adult from abuse, neglect, abandonment, or financial exploitation as those terms are defined in RCW 7.105.010.
[ 2021 c 215 s 126; 2020 c 312 s 206; 2019 c 437 s 315.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Special limitations on guardian's power.


title: RCW 11.130.340

text:
(1) A guardian for an adult, not later than ninety days after appointment, shall file with the court a plan for the care of the adult and shall provide a copy of the plan to the adult subject to guardianship and any other notice party. The plan must be based on the needs of the adult and take into account the best interest of the adult as well as the adult's preferences, values, and prior directions, to the extent known to or reasonably ascertainable by the guardian. The guardian shall include in the plan:
(a) The living arrangement, services, and supports the guardian expects to arrange, facilitate, or continue for the adult;
(b) Social and educational activities the guardian expects to facilitate on behalf of the adult;
(c) Any person with whom the adult has a close personal relationship or relationship involving regular visitation and any plan the guardian has for facilitating visits with the person;
(d) The anticipated nature and frequency of the guardian's visits and communication with the adult;
(e) Goals for the adult, including any goal related to the restoration of the adult's rights, and how the guardian anticipates achieving the goals;
(f) Whether the adult has an existing plan and, if so, whether the guardian's plan is consistent with the adult's plan; and
(g) A statement or list of the amount the guardian proposes to charge for each service the guardian anticipates providing to the adult.
(2) A guardian shall give notice of the filing of the guardian's plan under subsection (1) of this section, together with a copy of the plan, to the adult subject to guardianship and any other notice party. The notice must include a statement of the right to object to the plan and be given not later than fourteen days after the filing.
(3) An adult subject to guardianship and any person entitled under subsection (2) of this section to receive notice and a copy of the guardian's plan may object to the plan.
(4) The court shall review the guardian's plan filed under subsection (1) of this section and determine whether to approve the plan or require a new plan. In deciding whether to approve the plan, the court shall consider an objection under subsection (3) of this section and whether the plan is consistent with the guardian's duties and powers under RCW 11.130.325 and 11.130.330. The court may not approve the plan until thirty days after its filing.
(5) After the guardian's plan filed under this section is approved by the court, the guardian shall provide a copy of the order approving the plan to the adult subject to guardianship and any other notice party.
[ 2020 c 312 s 207; 2019 c 437 s 317.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Guardian's plan.


title: RCW 11.130.345

text:
(1) A guardian for an adult shall file with the court by the date established by the court a report in a record regarding the condition of the adult and accounting for funds and other property in the guardian's possession or subject to the guardian's control. The guardian shall provide a copy of the report to the adult subject to guardianship and any other notice party.
(2) A report under subsection (1) of this section must state or contain:
(a) The mental, physical, and social condition of the adult;
(b) The living arrangements of the adult during the reporting period;
(c) A summary of the supported decision making, technological assistance, medical services, educational and vocational services, and other supports and services provided to the adult and the guardian's opinion as to the adequacy of the adult's care;
(d) A summary of the guardian's visits with the adult, including the dates of the visits;
(e) Action taken on behalf of the adult;
(f) The extent to which the adult has participated in decision making;
(g) If the adult is living in a care setting, whether the guardian considers the facility's current plan for support, care, treatment, or habilitation consistent with the adult's preferences, values, prior directions, and best interests;
(h) Anything of more than de minimis value which the guardian, any individual who resides with the guardian, or the spouse, domestic partner, parent, child, or sibling of the guardian has received from an individual providing goods or services to the adult. A professional guardian must abide by the standards of practice regarding the acceptance of gifts;
(i) If the guardian delegated a power to an agent, the power delegated and the reason for the delegation;
(j) Any business relation the guardian has with a person the guardian has paid or that has benefited from the property of the adult;
(k) A copy of the guardian's most recently approved plan under RCW 11.130.340 and a statement whether the guardian has deviated from the plan and, if so, how the guardian has deviated and why;
(l) Plans for future care and support of the adult;
(m) A recommendation as to the need for continued guardianship and any recommended change in the scope of the guardianship; and
(n) Whether any co-guardian or successor guardian appointed to serve when a designated event occurs is alive and able to serve.
(3) The court may appoint a court visitor to review a report submitted under this section or a guardian's plan submitted under RCW 11.130.340, interview the guardian or adult subject to guardianship, or investigate any other matter involving the guardianship.
(4) Notice of the filing under this section of a guardian's report, together with a copy of the report, must be given to the adult subject to guardianship and any other notice party. The notice and report must be given not later than fourteen days after the filing.
(5) The court shall establish procedures for monitoring a report submitted under this section and review each report to determine whether:
(a) The report provides sufficient information to establish the guardian has complied with the guardian's duties;
(b) The guardianship should continue; and
(c) The guardian's requested fees, if any, should be approved.
(6) If the court determines there is reason to believe a guardian for an adult has not complied with the guardian's duties or the guardianship should be modified or terminated, the court:
(a) Shall notify the adult, the guardian, and any other person entitled to notice under RCW 11.130.310(5) or a subsequent order;
(b) May require additional information from the guardian;
(c) May appoint a court visitor to interview the adult or guardian or investigate any matter involving the guardianship; and
(d) Consistent with this section and RCW 11.130.350, may hold a hearing to consider removal of the guardian, termination of the guardianship, or a change in the powers granted to the guardian or terms of the guardianship.
(7) If the court has reason to believe fees requested by a guardian for an adult are not reasonable, the court shall hold a hearing to determine whether to adjust the requested fees.
(8) A guardian for an adult must petition the court for approval of a report filed under this section. The court after review may approve the report. If the court approves the report, there is a rebuttable presumption the report is accurate as to a matter adequately disclosed in the report.
(9) If the court approves a report filed under this section, the order approving the report shall set the due date for the filing of the next report to be filed under this section. The court may set the review interval at annual, biennial, or triennial with the report due date to be within ninety days of the anniversary date of appointment. When determining the report interval, the court can consider: The length of time the guardian has been serving the person under guardianship; whether the guardian has timely filed all required reports with the court; whether the guardian is monitored by other state or local agencies; and whether there have been any allegations of abuse, neglect, or a breach of fiduciary duty against the guardian.
(10) If the court approves a report filed under this section, the order approving the report shall contain a guardianship summary or be accompanied by a guardianship summary in the form or substantially in the same form as set forth in RCW 11.130.665.
(11) If the court approves a report filed under this section, the order approving the report shall direct the clerk of the court to reissue letters of office in the form or substantially in the same form as set forth in RCW 11.130.660 to the guardian containing an expiration date which will be within 180 days of the anniversary date of appointment.
(12) Any requirement to establish a monitoring program under this section is subject to appropriation.
[ 2024 c 267 s 7; 2020 c 312 s 208; 2019 c 437 s 318.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Guardian's report—Monitoring of guardianship.


title: RCW 11.130.350

text:
(1) The court may remove a guardian for an adult for failure to perform the guardian's duties or for other good cause and appoint a successor guardian to assume the duties of guardian.
(2) The court shall hold a hearing to determine whether to remove a guardian for an adult and appoint a successor guardian on:
(a) Petition of the adult, guardian, or person interested in the welfare of the adult, which contains allegations that, if true, would support a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
(b) Communication from the adult, guardian, or person interested in the welfare of the adult which supports a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate; or
(c) Determination by the court that a hearing would be in the best interest of the adult.
(3) Notice of a hearing under subsection (2)(a) of this section and notice of the adult subject to guardianship's right to be represented at the hearing by counsel of the individual's choosing must be given to the adult subject to guardianship, the guardian, and any other person the court determines.
(4) An adult subject to guardianship who seeks to remove the guardian and have a successor guardian appointed has the right to choose an attorney to represent the adult in this matter. The court shall award reasonable attorneys' fees to the attorney for the adult as provided in RCW 11.130.100.
(5) In selecting a successor guardian for an adult, the court shall follow the priorities under RCW 11.130.305.
(6) Not later than fourteen days after appointing a successor guardian, the successor guardian shall give notice of the appointment to the adult subject to guardianship and any person entitled to notice under RCW 11.130.310(5) or a subsequent order.
[ 2019 c 437 s 319.]

catchline: Removal of guardian for adult—Appointment of successor.


title: RCW 11.130.355

text:
(1) An adult subject to guardianship, the guardian for the adult, or a person interested in the welfare of the adult may petition for:
(a) Termination of the guardianship on the ground that a basis for appointment under RCW 11.130.265 does not exist or termination would be in the best interest of the adult or for other good cause; or
(b) Modification of the guardianship on the ground that the extent of protection or assistance granted is not appropriate or for other good cause.
(2) The court shall hold a hearing to determine whether termination or modification of a guardianship for an adult is appropriate on:
(a) Petition under subsection (1) of this section that contains allegations that, if true, would support a reasonable belief that termination or modification of the guardianship may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six months;
(b) Communication from the adult, guardian, or person interested in the welfare of the adult which supports a reasonable belief that termination or modification of the guardianship may be appropriate, including because the functional needs of the adult or supports or services available to the adult have changed;
(c) A report from a guardian or conservator which indicates that termination or modification may be appropriate because the functional needs of the adult or supports or services available to the adult have changed or a protective arrangement instead of guardianship or other less restrictive alternative for meeting the adult's needs is available; or
(d) A determination by the court that a hearing would be in the best interest of the adult.
(3) Notice of a petition under subsection (2)(a) of this section must be given to the adult subject to guardianship, the guardian, and any other person the court determines.
(4) On presentation of prima facie evidence for termination of a guardianship for an adult, the court shall order termination unless it is proven that a basis for appointment of a guardian under RCW 11.130.265 exists.
(5) The court shall modify the powers granted to a guardian for an adult if the powers are excessive or inadequate due to a change in the abilities or limitations of the adult, the adult's supports, or other circumstances.
(6) Unless the court otherwise orders for good cause, before terminating or modifying a guardianship for an adult, the court shall follow the same procedures to safeguard the rights of the adult which apply to a petition for guardianship.
(7) An adult subject to guardianship who seeks to terminate or modify the terms of the guardianship has the right to choose an attorney to represent the adult in the matter. The court shall award reasonable attorneys' fees to the attorney for the adult as provided in RCW 11.130.100.
[ 2019 c 437 s 320.]

catchline: Termination or modification of guardianship for adult.


title: RCW 11.130.360

text:
(1) On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor if the court finds by a preponderance of evidence that appointment of a conservator is in the minor's best interest, and:
(a) If the minor has a parent, the court gives weight to any recommendation of the parent whether an appointment is in the minor's best interest; and
(b) Either:
(i) The minor owns funds or other property requiring management or protection that otherwise cannot be provided;
(ii) The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or
(iii) Appointment is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health, or welfare of the minor.
(2) On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of an adult if the court finds by clear and convincing evidence that:
(a) The adult is unable to manage property or financial affairs because:
(i) Of a limitation in the adult's ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate supportive services, technological assistance, or supported decision making; or
(ii) The adult is missing, detained, or unable to return to the United States;
(b) Appointment is necessary to:
(i) Avoid harm to the adult or significant dissipation of the property of the adult; or
(ii) Obtain or provide funds or other property needed for the support, care, education, health, or welfare of the adult or of an individual entitled to the adult's support; and
(c) The adult's identified needs cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternatives.
(3) The court shall grant a conservator only those powers necessitated by demonstrated limitations and needs of the respondent and issue orders that will encourage development of the respondent's maximum self-determination and independence. The court may not establish a full conservatorship if a limited conservatorship, protective arrangement instead of conservatorship, or other less restrictive alternative would meet the needs of the respondent.
(4) A determination by the court that a basis under subsection (2) of this section exists for the appointment of a conservator for an adult and on the issue of the rights that will be retained or restricted by the appointment of a conservator is a legal, not a medical decision. The determination must be based on demonstrated management insufficiencies over time in the area of property or financial affairs. Age, eccentricity, poverty, or medical diagnosis alone are not a sufficient basis under subsection (2) of this section to justify a determination that a conservator should be appointed for the respondent.
(5) For purposes of subsection (2) of this section, an adult who resides in a long-term care facility, resides in another care setting, or is the subject of an involuntary commitment order is not considered missing or detained.
[ 2020 c 312 s 209; 2019 c 437 s 401.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Basis for appointment of conservator.


title: RCW 11.130.365

text:
(1) The following may petition for the appointment of a conservator:
(a) The individual for whom the order is sought;
(b) A person interested in the estate, financial affairs, or welfare of the individual, including a person that would be adversely affected by lack of effective management of property or financial affairs of the individual; or
(c) The guardian for the individual.
(2) A petition under subsection (1) of this section must state the petitioner's name, principal residence, current street address, if different, relationship to the respondent, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following:
(a) The respondent's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted;
(b) The name and address of the respondent's:
(i) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the twelve-month period before the filing of the petition;
(ii) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence;
(iii) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship during the two years immediately before the filing of the petition; and
(iv) Parents, if living and involved in the respondent's life;
(c) The name and current address of each of the following, if applicable:
(i) A person responsible for the care or custody of the respondent;
(ii) Any attorney currently representing the respondent;
(iii) The representative payee appointed by the social security administration for the respondent;
(iv) A guardian or conservator acting for the respondent in this state or another jurisdiction;
(v) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
(vi) The fiduciary appointed for the respondent by the department of veterans affairs;
(vii) An agent designated under a power of attorney for health care in which the respondent is identified as the principal;
(viii) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;
(ix) A person known to have routinely assisted the respondent with decision making in the six-month period immediately before the filing of the petition;
(x) Any proposed conservator, including a person nominated by the respondent, if the respondent is twelve years of age or older; and
(xi) If the individual for whom a conservator is sought is a minor:
(A) An adult not otherwise listed with whom the minor resides; and
(B) Each person not otherwise listed that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition;
(d) A general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts;
(e) The reason conservatorship is necessary, including a brief description of:
(i) The nature and extent of the respondent's alleged need;
(ii) If the petition alleges the respondent is missing, detained, or unable to return to the United States, the relevant circumstances, including the time and nature of the disappearance or detention and any search or inquiry concerning the respondent's whereabouts;
(iii) Any protective arrangement instead of conservatorship or other less restrictive alternative for meeting the respondent's alleged need which has been considered or implemented;
(iv) If no protective arrangement or other less restrictive alternatives have been considered or implemented, the reason it has not been considered or implemented; and
(v) The reason a protective arrangement or other less restrictive alternative is insufficient to meet the respondent's need;
(f) Whether the petitioner seeks a limited conservatorship or a full conservatorship;
(g) If the petitioner seeks a full conservatorship, the reason a limited conservatorship or protective arrangement instead of conservatorship is not appropriate;
(h) If the petition includes the name of a proposed conservator, the reason the proposed conservator should be appointed;
(i) If the petition is for a limited conservatorship, a description of the property to be placed under the conservator's control and any requested limitation on the authority of the conservator;
(j) Whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; and
(k) The name and address of an attorney representing the petitioner, if any.
[ 2024 c 267 s 8; 2019 c 437 s 402.]

catchline: Petition for appointment of conservator.


title: RCW 11.130.370

text:
(1) All petitions filed under RCW 11.130.365 for appointment of a conservator shall be heard within sixty days unless an extension of time is requested by a party or the court visitor within such sixty-day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing date.
(2)(a) A copy of a petition under RCW 11.130.365 and notice of a hearing on the petition must be served personally on the respondent, the court visitor appointed under RCW 11.130.380, and the appointed or proposed guardian not more than five court days after the petition under RCW 11.130.365 has been filed. If the respondent's whereabouts are unknown or personal service cannot be made, service on the respondent must be made by publication.
(b) 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 conservator by a conservatorship order as well as the right to counsel of choice and to a jury trial whether a basis exists under RCW 11.130.360(2) for the appointment of a conservator and the issue of the respondent's rights that will be retained or restricted if a conservator 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 sixteen-point font. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent.
(3) In a proceeding on a petition under RCW 11.130.365, the notice required under subsection (2) of this section must be served upon the persons required to be listed in the petition under RCW 11.130.365(2) (a) through (c) and any other notice party. Failure to give notice under this subsection does not preclude the court from appointing a conservator.
(4) After the appointment of a conservator, notice of a hearing on a petition for an order under this article, together with a copy of the petition, must be given to:
(a) The individual subject to conservatorship, if the individual is twelve years of age or older and not missing, detained, or unable to return to the United States;
(b) The conservator; and
(c) Any other notice party or person the court determines pursuant to RCW 11.130.420(6) or a subsequent court order.
[ 2020 c 312 s 210; 2019 c 437 s 403.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Notice and hearing for appointment of conservator.


title: RCW 11.130.375

text:
While a petition under RCW 11.130.365 is pending, after preliminary hearing and without notice to others, the court may issue an order to preserve and apply property of the respondent as required for the support of the respondent or an individual who is in fact dependent on the respondent. The court may appoint a special agent to assist in implementing the order.
[ 2019 c 437 s 404.]

catchline: Order to preserve or apply property while proceeding pending.


title: RCW 11.130.380

text:
(1) 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.
(2) 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.
(3) 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.
(4)(a) 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:
(i) Lack of expertise necessary for the proceeding;
(ii) An hourly rate higher than what is reasonable for the particular proceeding; or
(iii) A conflict of interest.
(b) 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.
(5) 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:
(a) 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;
(b) 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
(c) Inform the respondent that all costs and expenses of the proceeding, including respondent's attorneys' fees, may be paid from the respondent's assets.
(6) 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.
(7) A court visitor appointed under subsection (2) of this section for an adult shall:
(a) Interview the petitioner and proposed conservator, if any;
(b) Review financial records of the respondent, if relevant to the court visitor's recommendation under subsection (8)(b) of this section;
(c) 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
(d) Investigate the allegations in the petition and any other matter relating to the petition the court directs.
(8) 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) A recommendation:
(i) 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;
(ii) If a conservatorship is recommended, whether it should be full or limited;
(iii) 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
(iv) If a conservatorship is recommended, the amount of the bond or other verified receipt needed under RCW 11.130.445 and 11.130.500;
(b) A statement of the qualifications of the proposed conservator and whether the respondent approves or disapproves of the proposed conservator;
(c) 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;
(d) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
(e) 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
(f) Any other matter the court directs.
(9) 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.
[ 2026 c 177 s 6; 2024 c 267 s 9; 2020 c 312 s 310; 2019 c 437 s 405.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Appointment and role of court visitor.


title: RCW 11.130.385

text:
(1)(a) 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.
(b) The court must appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, when:
(i) The respondent objects to the petition or requests appointment of an attorney to the court visitor; or
(ii) 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.
(d) 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.
(e) 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.
(2) An attorney representing the respondent in a proceeding for appointment of a conservator shall:
(a) Make reasonable efforts to ascertain the respondent's wishes;
(b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and
(c) 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.
(3) 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:
(a) The parent objects to appointment of a conservator;
(b) The court determines that counsel is needed to ensure that consent to appointment of a conservator is informed; or
(c) The court otherwise determines the parent needs representation.
[ 2026 c 177 s 7; 2020 c 312 s 211; 2019 c 437 s 406.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Appointment and role of attorney.


title: RCW 11.130.390

text:
(1) On receipt of a petition under RCW 11.130.360 and at the time the court appoints a court visitor under RCW 11.130.380, the court shall order a professional evaluation of the respondent.
(2) The respondent must be examined by a physician licensed to practice under chapter 18.71 or 18.57 RCW, psychologist licensed under chapter 18.83 RCW, *advanced registered nurse practitioner licensed under chapter 18.79 RCW, or physician assistant licensed under chapter 18.71A RCW, selected by the court visitor who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. If the respondent opposes the professional selected by the court visitor, the court visitor shall obtain a professional evaluation from the professional selected by the respondent. The court visitor, after receiving a professional evaluation from the individual selected by the respondent, may obtain a supplemental evaluation from a different professional.
(3) The individual conducting the evaluation shall promptly provide the completed evaluation report to the court visitor who shall file the report in a sealed record with the court. Unless otherwise directed by the court, the report must contain:
(a) The professional's name, address, education, and experience;
(b) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations with regard to the management of the respondent's property and financial affairs;
(c) An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;
(d) A prognosis for improvement with regard to the ability to manage the respondent's property and financial affairs;
(e) A description of the respondent's current medications, and the effect of the medications on the respondent's cognitive and functional abilities;
(f) Identification or persons with whom the professional has met or spoken with regarding the respondent; and
(g) The date of the examination on which the report is based.
(4) If the respondent declines to participate in an evaluation ordered under subsection (1) of this section, the court may proceed with the hearing under RCW 11.130.370 if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
(5) A professional evaluation is not required if a petition for appointment of a conservator under RCW 11.130.360 is for a conservator for the property or financial affairs of a minor or for an adult missing, detained, or unable to return to the United States.
[ 2020 c 312 s 212; 2019 c 437 s 407.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective dates—2020 c 312: See note following RCW 11.130.915.
PDF
RCW 11.130.390
Professional evaluation. (Effective June 30, 2027.)
(1) On receipt of a petition under RCW 11.130.360 and at the time the court appoints a court visitor under RCW 11.130.380, the court shall order a professional evaluation of the respondent.
(2) The respondent must be examined by a physician licensed to practice under chapter 18.71 or 18.57 RCW, psychologist licensed under chapter 18.83 RCW, advanced practice registered nurse licensed under chapter 18.79 RCW, or physician assistant licensed under chapter 18.71A RCW, selected by the court visitor who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. If the respondent opposes the professional selected by the court visitor, the court visitor shall obtain a professional evaluation from the professional selected by the respondent. The court visitor, after receiving a professional evaluation from the individual selected by the respondent, may obtain a supplemental evaluation from a different professional.
(3) The individual conducting the evaluation shall promptly provide the completed evaluation report to the court visitor who shall file the report in a sealed record with the court. Unless otherwise directed by the court, the report must contain:
(a) The professional's name, address, education, and experience;
(b) A description of the nature, type, and extent of the respondent's cognitive and functional abilities and limitations with regard to the management of the respondent's property and financial affairs;
(c) An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;
(d) A prognosis for improvement with regard to the ability to manage the respondent's property and financial affairs;
(e) A description of the respondent's current medications, and the effect of the medications on the respondent's cognitive and functional abilities;
(f) Identification or persons with whom the professional has met or spoken with regarding the respondent; and
(g) The date of the examination on which the report is based.
(4) If the respondent declines to participate in an evaluation ordered under subsection (1) of this section, the court may proceed with the hearing under RCW 11.130.370 if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
(5) A professional evaluation is not required if a petition for appointment of a conservator under RCW 11.130.360 is for a conservator for the property or financial affairs of a minor or for an adult missing, detained, or unable to return to the United States.
[ 2025 c 58 s 5068; 2020 c 312 s 212; 2019 c 437 s 407.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Professional evaluation. (Effective until June 30, 2027.)


title: RCW 11.130.400

text:
(1) 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.
(2) A hearing under RCW 11.130.370 may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:
(a) 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;
(b) There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services or technological assistance; or
(c) The respondent is a minor who has received proper notice and attendance would be harmful to the minor.
(3) 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.
(4) The respondent has a right to choose an attorney to represent the respondent at a hearing under RCW 11.130.370.
(5) At a hearing under RCW 11.130.370, the respondent may:
(a) Present evidence and subpoena witnesses and documents;
(b) Examine witnesses, including any court-appointed evaluator and the visitor; and
(c) Otherwise participate in the hearing.
(6) Unless excused by the court for good cause, a proposed conservator shall attend a hearing under RCW 11.130.370.
(7) A hearing under RCW 11.130.370 must be closed on request of the respondent and a showing of good cause.
(8) 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.
[ 2026 c 177 s 8; 2019 c 437 s 408.]

catchline: Attendance and rights at hearing.


title: RCW 11.130.410

text:
(1) The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after:
(a) The respondent, the individual subject to conservatorship, or the parent of a minor subject to conservatorship requests the record be sealed; and
(b) Either:
(i) The petition for conservatorship is dismissed; or
(ii) The conservatorship is terminated.
(2) 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.
(3) 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:
(a) The court;
(b) The individual who is the subject of the report or evaluation, without limitation as to use;
(c) The petitioner, court visitor, petitioner's and respondent's attorneys, and proposed guardians and conservators and their attorneys, for purposes of the proceeding;
(d) 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
(e) Any other person if it is in the public interest or for a purpose the court orders for good cause.
[ 2026 c 177 s 9; 2020 c 312 s 213; 2019 c 437 s 409.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Confidentiality of records.


title: RCW 11.130.415

text:
(1) Except as otherwise provided in subsection (3) of this section, the court in appointing a conservator shall consider persons qualified to be a conservator in the following order of priority:
(a) A conservator, other than a temporary or emergency conservator, currently acting for the respondent in another jurisdiction;
(b) A person nominated as conservator by the respondent, including the respondent's most recent nomination made in a power of attorney for finances;
(c) An agent appointed by the respondent to manage the respondent's property under a power of attorney for finances;
(d) A spouse or domestic partner of the respondent;
(e) A relative or other individual who has shown special care and concern for the respondent; and
(f) A certified professional guardian or conservator or other entity the court determines is suitable.
(2) If two or more persons have equal priority under subsection (1) of this section, the court shall select as conservator the person the court considers best qualified. In determining the best qualified person, the court shall consider the person's relationship with the respondent, the person's skills, the expressed wishes of the respondent, the extent to which the person and the respondent have similar values and preferences, and the likelihood the person will be able to perform the duties of a conservator successfully.
(3) The court, acting in the best interest of the respondent, may decline to appoint as conservator a person having priority under subsection (1) of this section and appoint a person having a lower priority or no priority.
(4) A person that provides paid services to the respondent, or an individual who is employed by a person that provides paid services to the respondent or is the spouse, domestic partner, parent, or child of an individual who provides or is employed to provide paid services to the respondent, may not be appointed as conservator unless:
(a) The individual is related to the respondent by blood or law; or
(b) The court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent.
(5) An owner, operator, or employee of a long-term care facility at which the respondent is receiving care may not be appointed as conservator unless the owner, operator, or employee is related to the respondent by blood or law.
[ 2020 c 312 s 214; 2019 c 437 s 410.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Who may be conservator—Order of priority.


title: RCW 11.130.420

text:
(1) 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.
(2) 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.
(3) A court order appointing a conservator for an adult must:
(a) 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
(b) Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition.
(4) 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.
(5) 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.
(6) The court, as part of an order establishing a conservatorship, shall identify any person that subsequently is entitled to:
(a) Notice of the rights of the individual subject to conservatorship under RCW 11.130.425(1);
(b) Notice of a sale of or surrender of a lease to the primary dwelling of the individual;
(c) Notice that the conservator has delegated a power that requires court approval under RCW 11.130.435 or substantially all powers of the conservator;
(d) Notice that the conservator will be unavailable to perform the conservator's duties for more than one month;
(e) A copy of the conservator's plan under RCW 11.130.510 and the conservator's report under RCW 11.130.530;
(f) Access to court records relating to the conservatorship;
(g) Notice of a transaction involving a substantial conflict between the conservator's fiduciary duties and personal interests;
(h) Notice of the death or significant change in the condition of the individual;
(i) Notice that the court has limited or modified the powers of the conservator; and
(j) Notice of the removal of the conservator.
(7) 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.
(8) 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.
(9) All orders establishing a conservatorship for an adult must contain:
(a) 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;
(b) The date which the limited conservator or conservator must file the conservator's plan under RCW 11.130.510;
(c) The date which the limited conservator or conservator must file an inventory under RCW 11.130.515;
(d) The report interval which the conservator must file its report under RCW 11.130.530. The report interval may be annual, biennial, or triennial;
(e) 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;
(f) 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
(g) The date on which the original letters of office shall expire, which date shall be 180 days after the anniversary date of appointment.
[ 2026 c 177 s 10; 2020 c 312 s 215; 2019 c 437 s 411.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Order of appointment of conservator.


title: RCW 11.130.425

text:
(1) 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:
(a) Seek termination or modification of the conservatorship, or removal of the conservator, and choose an attorney to represent the individual in these matters;
(b) Participate in decision making to the extent reasonably feasible;
(c) 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
(d) Object to the conservator's inventory, plan, or report.
(2) 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.
[ 2026 c 177 s 11; 2024 c 267 s 10; 2020 c 312 s 216; 2019 c 437 s 412.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Notice of order of appointment—Rights.