title: RCW 11.130.615

text:
(1) On receipt of a petition under RCW 11.130.595 and at the time the court appoints a court visitor under RCW 11.130.605, 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 provide the completed evaluation report to the court visitor within thirty days of the examination of the respondent. The court visitor 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;
(c) An evaluation of the respondent's mental and physical condition and, if appropriate, education potential, adaptive behavior, and social skills;
(d) A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan;
(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 11.130.600 if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
[ 2020 c 312 s 319; 2019 c 437 s 508.]
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 11.130.615
Professional evaluation. (Effective June 30, 2027.)
(1) On receipt of a petition under RCW 11.130.595 and at the time the court appoints a court visitor under RCW 11.130.605, 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 provide the completed evaluation report to the court visitor within thirty days of the examination of the respondent. The court visitor 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;
(c) An evaluation of the respondent's mental and physical condition and, if appropriate, education potential, adaptive behavior, and social skills;
(d) A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan;
(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 11.130.600 if the court finds that it has sufficient information to determine the respondent's needs and abilities without the professional evaluation.
[ 2025 c 58 s 5069; 2020 c 312 s 319; 2019 c 437 s 508.]
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.)


doc_type: statute

jurisdiction: wa

title: RCW 11.130.620

text:
(1) Except as otherwise provided in subsection (2) of this section, a hearing under this article may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology.
(2) A hearing under this article 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 and 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 this article by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
(4) The respondent has a right to choose an attorney to represent the respondent at a hearing under this article.
(5) At a hearing under this article, 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) A hearing under this article must be closed on request of the respondent and a showing of good cause.
(7) Any person may request to participate in a hearing under this article. The court may grant the request, with or without a hearing, on determining that the best interests of the respondent will be served. The court may impose appropriate conditions on the person's participation.
[ 2026 c 177 s 14; 2019 c 437 s 509.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Attendance and rights at hearing.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 11.130.625

text:
The petitioner shall give notice of an order under this article to the individual who is subject to the protective arrangement instead of guardianship or conservatorship, a person whose access to the individual is restricted by the order, and any other person the court determines.
[ 2020 c 312 s 317; 2019 c 437 s 510.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Notice of order.


title: RCW 11.130.630

text:
(1) The existence of a proceeding for or the existence of a protective arrangement instead of guardianship or conservatorship is a matter of public record unless the court seals the record after:
(a) The respondent, the individual subject to the protective arrangement, or the parent of a minor subject to the protective arrangement requests the record be sealed; and
(b) Either:
(i) The proceeding is dismissed;
(ii) The protective arrangement is no longer in effect; or
(iii) An act authorized by the order granting the protective arrangement has been completed.
(2) A respondent, an individual subject to a protective arrangement instead of guardianship or conservatorship, an attorney designated by the respondent or individual, a parent of a minor subject to a protective arrangement, and any other person the court determines are entitled to access court records of the proceeding and resulting protective arrangement. A person not otherwise entitled access to court records under this subsection for good cause may petition the court for access. The court shall grant access if access is in the best interest of the respondent or individual subject to the protective arrangement or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
(3) A report of a visitor or professional evaluation generated in the course of a proceeding under this article must be sealed on filing but is available to:
(a) The court;
(b) The individual who is the subject of the report or evaluation, without limitation as to use;
(c) The petitioner, visitor, petitioner's and respondent's attorneys, and proposed guardians, conservators, and special agents, and their attorneys, for purposes of the proceeding;
(d) Unless the court orders otherwise, an agent appointed under a power of attorney for finances in which the respondent is the principal;
(e) If the order is for a protective arrangement instead of guardianship and unless the court orders otherwise, an agent appointed under a power of attorney for health care in which the respondent is identified as the principal; and
(f) Any other person if it is in the public interest or for a purpose the court orders for good cause.
[ 2026 c 177 s 15; 2019 c 437 s 511.]

catchline: Confidentiality of records.


title: RCW 11.130.635

text:
The court may appoint a special agent, to assist in implementing a protective arrangement under this article. The special agent has the authority conferred by the order of appointment and serves until discharged by court order.
[ 2019 c 437 s 512.]

catchline: Appointment of special agent.


title: RCW 11.130.640

text:
Unless otherwise provided in this chapter, use of the forms contained in this article is optional. Failure to use these forms does not prejudice any party.
[ 2019 c 437 s 601.]

catchline: Use of forms.


title: RCW 11.130.645

text:
This form may be used to petition for guardianship for a minor.
Petition for Guardianship for Minor
State of:. . . .
County of:. . . .
Name and address of attorney representing petitioner, if applicable:. . . .
. . . .
. . . .
Note to petitioner: This form can be used to petition for a guardian for a minor. A court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor's best interest, and: The parents, after being fully informed of the nature and consequences of guardianship, consent; all parental rights have been terminated; or the court finds by clear and convincing evidence that the parents are unwilling or unable to exercise their parental rights.
(1) Information about the person filing this petition (the petitioner.)
(a) Name:. . . .
(b) Principal residence:. . . .
(c) Current street address (if different):. . . .
(d) Relationship to minor:. . . .
(e) Interest in this petition:. . . .
(f) Telephone number (optional):. . . .
(g) Email address (optional):. . . .
(2) Information about the minor alleged to need a guardian. Provide the following information to the extent known.
(a) Name:. . . .
(b) Age:. . . .
(c) Principal residence:. . . .
(d) Current street address (if different):. . . .
(e) If petitioner anticipates the minor moving, or seeks to move the minor, proposed new address:. . . .
(f) Does the minor need an interpreter, translator, or other form of support to communicate with the court or understand court proceedings? If so, please explain:. . . .
(g) Telephone number (optional):. . . .
(h) Email address (optional):. . . .
(3) Information about the minor's parent(s).
(a) Name(s) of living parent(s):. . . .
(b) Current street address(es) of living parent(s):. . . .
(c) Does any parent need an interpreter, translator, or other form of support to communicate with the court or understand court proceedings? If so, please explain:. . . .
. . . .
. . . .
(4) People who are required to be notified of this petition. State the name and current address of the people listed in Appendix A.
. . . .
. . . .
(5) Appointment requested. State the name and address of any proposed guardian and the reason the proposed guardian should be selected.
. . . .
. . . .
(6) State why petitioner seeks the appointment. Include a description of the nature and extent of the minor's alleged need.
. . . .
. . . .
(7) Property. If the minor has property other than personal effects, state the minor's property with an estimate of its value.
. . . .
. . . .
(8) Other proceedings. If there are any other proceedings concerning the care or custody of the minor currently pending in any court in this state or another jurisdiction, please describe them.
. . . .
. . . .
(9) Attorney(s). If the minor or the minor's parent is represented by an attorney in this matter, state the name, telephone number, email address, and address of the attorney(s).
. . . .
. . . .
SIGNATURE
. . . . . . . . . .
Signature of Petitioner Date
. . . . . . . . . .
Signature of Petitioner's Attorney if Date
Petitioner is Represented by Counsel
APPENDIX A:
People whose name and address must be listed in subsection (4) of this petition if they are not the petitioner:
The minor, if the minor is twelve years of age or older;
Each parent of the minor or, if there are none, the adult nearest in kinship that can be found;
An adult with whom the minor resides;
Each person 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;
If the minor is twelve years of age or older, any person nominated as guardian by the minor;
Any person nominated as guardian by a parent of the minor;
The grandparents of the minor;
Adult siblings of the minor; and
Any current guardian or conservator for the minor appointed in this state or another jurisdiction.
[ 2019 c 437 s 602.]

catchline: Petition for guardianship for minor.


title: RCW 11.130.650

text:
This form may be used to petition for:
Guardianship for an adult;
Conservatorship for an adult or minor;
A protective arrangement instead of guardianship for an adult; or
A protective arrangement instead of conservatorship for an adult or minor.
Petition for Guardianship, Conservatorship, or Protective Arrangement
State of:. . . .
County of:. . . .
Name and address of attorney representing petitioner, if applicable:. . . .
. . . .
. . . .
Note to petitioner: This form can be used to petition for a guardian, conservator, or both, or for a protective arrangement instead of either a guardianship or conservatorship. This form should not be used to petition for guardianship for a minor.
The court may appoint a guardian or order a protective arrangement instead of guardianship for an adult if the adult lacks the ability to meet essential requirements for physical health, safety, or self-care because (1) the adult is unable to receive and evaluate information or make or communicate decisions even with the use of supportive services, technological assistance, and supported decision making, and (2) the adult's identified needs cannot be met by a less restrictive alternative.
The court may appoint a conservator or order a protective arrangement instead of conservatorship for an adult if (1) the adult is unable to manage property and financial affairs because of a limitation in the ability to receive and evaluate information or make or communicate decisions even with the use of supportive services, technological assistance, and supported decision making or the adult is missing, detained, or unable to return to the United States, and (2) appointment is necessary to avoid harm to the adult or significant dissipation of the property of the adult, or to obtain or provide funds or other property needed for the support, care, education, health, or welfare of the adult, or of an individual who is entitled to the adult's support, and protection is necessary or desirable to provide funds or other property for that purpose.
The court may appoint a conservator or order a protective arrangement instead of conservatorship for a minor if: (1) The minor owns funds or other property requiring management or protection that cannot otherwise be provided; or (2) it would be in the minor's best interests, and the minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age, or appointment is necessary or desirable to provide funds or other property needed for the support, care, education, health, or welfare of the minor.
The court may also order a protective arrangement instead of conservatorship that restricts access to an individual or an individual's property by a person that the court finds: (1) Through fraud, coercion, duress, or the use of deception and control, caused, or attempted to cause, an action that would have resulted in financial harm to the individual or the individual's property; and (2) poses a serious risk of substantial financial harm to the individual or the individual's property.
(1) Information about the person filing this petition (the petitioner.)
(a) Name:. . . .
(b) Principal residence:. . . .
(c) Current street address (if different):. . . .
(d) Relationship to respondent:. . . .
(e) Interest in this petition:. . . .
(f) Telephone number (optional):. . . .
(g) Email address (optional):. . . .
(2) Information about the individual alleged to need protection (the "respondent"). Provide the following information to the extent known.
(a) Name:. . . .
(b) Age:. . . .
(c) Principal residence:. . . .
(d) Current street address (if different):. . . .
(e) If petitioner anticipates respondent moving, or seeks to move respondent, proposed new address:. . . .
(f) Does respondent need an interpreter, translator, or other form of support to communicate with the court or understand court proceedings? If so, please explain:. . . .
. . . .
(g) Telephone number (optional):. . . .
(h) Email address (optional):. . . .
(3) People who are required to be notified of this petition. State the name and address of the people listed in Appendix A.
. . . .
. . . .
(4) Existing agents. State the name and address of any person appointed as an agent under a power of attorney for finances or power of attorney for health care, or who has been appointed as the individual's representative for payment of benefits.
. . . .
. . . .
(5) Action requested. State whether petitioner is seeking appointment of a guardian, a conservator, or a protective arrangement instead of an appointment.
. . . .
. . . .
(6) Order requested or appointment requested. If seeking a protective arrangement instead of a guardianship or conservatorship, state the transaction or other action you want the court to order. If seeking appointment of a guardian or conservator, state the powers petitioner requests the court grant to a guardian or conservator.
. . . .
. . . .
(7) State why the appointment or protective arrangement sought is necessary. Include a description of the nature and extent of respondent's alleged need.
. . . .
. . . .
(8) State all less restrictive alternatives to meeting respondent's alleged need that have been considered or implemented. Less restrictive alternatives could include supported decision making, technological assistance, or the appointment of an agent by respondent including appointment under a power of attorney for health care or power of attorney for finances. If no alternative has been considered or implemented, state the reason why not.
. . . .
. . . .
(9) Explain why less restrictive alternatives will not meet respondent's alleged need.
. . . .
. . . .
(10) Provide a general statement of respondent's property and an estimate of its value. Include any real property such as a house or land, insurance or pension, and the source and amount of any other anticipated income or receipts. As part of this statement, indicate, if known, how the property is titled (for example, is it jointly owned?).
. . . .
. . . .
(11) For a petition seeking appointment of a conservator. (Skip this section if not asking for appointment of a conservator.)
(a) If seeking appointment of a conservator with all powers permissible under this state's law, explain why appointment of a conservator with fewer powers (i.e., a "limited conservatorship") or other protective arrangement instead of conservatorship will not meet the individual's alleged needs.
. . . .
. . . .
(b) If seeking a limited conservatorship, state the property petitioner requests be placed under the conservator's control and any proposed limitation on the conservator's powers and duties.
. . . .
. . . .
(c) State the name and address of any proposed conservator and the reason the proposed conservator should be selected.
. . . .
. . . .
(d) If respondent is twelve years of age or older, state the name and address of any person respondent nominates as conservator.
. . . .
. . . .
(e) If alleging a limitation in respondent's ability to receive and evaluate information, provide a brief description of the nature and extent of respondent's alleged limitation.
. . . .
. . . .
(f) If alleging that respondent is missing, detained, or unable to return to the United States, state the relevant circumstances, including the time and nature of the disappearance or detention and a description of any search or inquiry concerning respondent's whereabouts.
. . . .
. . . .
(12) For a petition seeking appointment of a guardian. (Skip this section if not asking for appointment of a guardian.)
(a) If seeking appointment of a guardian with all powers permissible under this state's law, explain why appointment of a guardian with fewer powers (i.e., a "limited guardianship") or other protective arrangement instead of guardianship will not meet the individual's alleged needs.
. . . .
. . . .
(b) If seeking a limited guardianship, state the powers petitioner requests be granted to the guardian.
. . . .
. . . .
(c) State the name and address of any proposed guardian and the reason the proposed guardian should be selected.
. . . .
. . . .
(d) State the name and address of any person nominated as guardian by respondent, or, in a will or other signed writing or other record, by respondent's parent or spouse or domestic partner.
. . . .
. . . .
(13) Attorney. If petitioner, respondent, or, if respondent is a minor, respondent's parent is represented by an attorney in this matter, state the name, telephone number, email address, and address of the attorney(s).
. . . .
. . . .
SIGNATURE
. . . . . . . . . .
Signature of Petitioner Date
. . . . . . . . . .
Signature of Petitioner's Attorney if Date
Petitioner is Represented by Counsel
APPENDIX A:
People whose name and address must be listed in subsection (3) of this petition, if they are not the petitioner.
Respondent's spouse or domestic partner, or if respondent has none, any adult with whom respondent has shared household responsibilities in the past six months;
Respondent's adult children, or, if respondent has none, respondent's parents and adult siblings, or if respondent has none, one or more adults nearest in kinship to respondent who can be found with reasonable diligence;
Respondent's adult stepchildren whom respondent actively parented during the stepchildren's minor years and with whom respondent had an ongoing relationship within two years of this petition;
Any person responsible for the care or custody of respondent;
Any attorney currently representing respondent;
Any representative payee for respondent appointed by the social security administration;
Any current guardian or conservator for respondent appointed in this state or another jurisdiction;
Any trustee or custodian of a trust or custodianship of which respondent is a beneficiary;
Any veterans administration fiduciary for respondent;
Any person respondent has designated as agent under a power of attorney for finances;
Any person respondent has designated as agent under a power of attorney for health care;
Any person known to have routinely assisted the individual with decision making in the previous six months;
Any person respondent nominates as guardian or conservator; and
Any person nominated as guardian by respondent's parent or spouse or domestic partner in a will or other signed writing or other record.
[ 2019 c 437 s 603.]

catchline: Petition for guardianship, conservatorship, or protective arrangement.


title: RCW 11.130.655

text:
This form may be used to notify an adult subject to guardianship or conservatorship of the adult's rights under RCW 11.130.315 and 11.130.425.
Notification of Rights
You are getting this notice because a guardian, conservator, or both have been appointed for you. It tells you about some important rights you have. It does not tell you about all your rights. If you have questions about your rights, you can ask an attorney or another person, including your guardian or conservator, to help you understand your rights.
General rights:
You have the right to exercise any right the court has not given to your guardian or conservator.
You also have the right to ask the court to:
End your guardianship, conservatorship, or both;
Increase or decrease the powers granted to your guardian, conservator, or both;
Make other changes that affect what your guardian or conservator can do or how they do it; and
Replace the person that was appointed with someone else.
You also have a right to hire an attorney to help you do any of these things.
Additional rights for persons for whom a guardian has been appointed:
As an adult subject to guardianship, you have a right to:
(1) Be involved in decisions affecting you, including decisions about your care, where you live, your activities, and your social interactions, to the extent reasonably feasible;
(2) Be involved in decisions about your health care to the extent reasonably feasible, and to have other people help you understand the risks and benefits of health care options;
(3) Be notified at least fourteen days in advance of a change in where you live or a permanent move to a nursing home, mental health facility, or other facility that places restrictions on your ability to leave or have visitors, unless the guardian has proposed this change in the guardian's plan or the court has expressly authorized it;
(4) Ask the court to prevent your guardian from changing where you live or selling or surrendering your primary dwelling by following the appropriate process for objecting to such a move in compliance with RCW 11.130.330(5);
(5) Vote and get married unless the court order appointing your guardian states that you cannot do so;
(6) Receive a copy of your guardian's report and your guardian's plan; and
(7) Communicate, visit, or interact with other people (this includes the right to have visitors, to make and receive telephone calls, personal mail, or electronic communications) unless:
(a) Your guardian has been authorized by the court by specific order to restrict these communications, visits, or interactions;
(b) A protective order is in effect that limits contact between you and other people; or
(c) Your guardian has good cause to believe the restriction is needed to protect you from significant physical, psychological, or financial harm and the restriction is for not more than seven business days if the person has a relative or preexisting social relationship with you or not more than sixty days if the person does not have that kind of relationship with you.
Additional rights for persons for whom a conservator has been appointed:
As an adult subject to conservatorship, you have a right to:
Participate in decisions about how your property is managed to the extent feasible; and
Receive a copy of your conservator's inventory, report, and plan.
[ 2019 c 437 s 604.]

catchline: Notification of rights for adult subject to guardianship or conservatorship.


title: RCW 11.130.657

text:
This form must be used to notify an adult respondent of the respondent's rights that could be restricted if a guardianship petition under RCW 11.130.270 or a conservatorship petition under RCW 11.130.365 is granted.
IMPORTANT NOTICE
PLEASE READ CAREFULLY
A petition to have a guardian or conservator appointed for you has been filed in the . . . county superior court by . . .. If a guardian or conservator is appointed, you could lose one or more of the following rights:
(1) To marry, divorce, or enter into or end a state registered domestic partnership;
(2) To vote or hold an elected office;
(3) To enter into a contract or make or revoke a will;
(4) To appoint someone to act on your behalf;
(5) To sue and be sued other than through a guardian;
(6) To possess a license to drive;
(7) To buy, sell, own, mortgage, or lease property;
(8) To consent to or refuse medical treatment;
(9) To decide who shall provide care and assistance;
(10) To make decisions regarding social aspects of your life.
Under the law, you have certain rights.
You have the right to be represented by a lawyer of your own choosing. The court will appoint a lawyer to represent you if you are unable to pay or payment would result in a substantial hardship to you.
You have the right to ask for a jury trial on the issue of capacity.
You have the right to be present in court and testify when the hearing is held to decide whether or not you need a guardian or conservator. If a court visitor is appointed, you have the right to request the court to replace that person.
You have the right to ask the court to establish a protective arrangement instead of a guardianship or conservatorship.
[ 2020 c 312 s 321.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Notification of petition for guardianship or conservatorship.


title: RCW 11.130.660

text:
All letters of guardianship/conservatorship must be in the following form or a substantially similar form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . .
IN THE MATTER OF THE
GUARDIANSHIP/
CONSERVATORSHIP OF
. . . . . . . . . . . . . . . . .
Cause No. . . . . . . . .
LETTERS OF
GUARDIANSHIP/CONSERVATORSHIP
Date letters expire
. . . .
THESE LETTERS OF GUARDIANSHIP/CONSERVATORSHIP PROVIDE OFFICIAL VERIFICATION OF THE FOLLOWING:
On the . . . . . . . . . day of . . . . . . . ., (year) . . . . the Court appointed . . . . . . . . . . .to serve as:
□ Guardian of the Person □ Full □ Limited
□ Conservator of the Estate □ Full □ Limited
for . . . . . . . . . . . ., in the above referenced matter.
The Guardian/Conservator has fulfilled all legal requirements to serve including, but not limited to: Taking and filing the oath; filing any bond consistent with the court's order; filing any blocked account agreement consistent with the court's order; and appointing a resident agent for a nonresident guardian.
The Court, having found the Guardian/Conservator duly qualified, now makes it known . . . . . . . . . is authorized as the Guardian for . . . . . . . . . . . . . . designated in the Court's order as referenced above.
The next filing and reporting deadline in this matter is on the . . . day of . . . . . . ., . . . . . ..
THESE LETTERS ARE NO LONGER VALID ON . . . . . . . . . .
These letters can only be renewed by a new court order. If the court grants an extension, new letters will be issued.
This matter is before the Honorable . . . . . . . . of Superior Court, the seal of the Court being affixed
this . . . . day of . . . . . . . ..
State of Washington )
) ss.
County of . . . . . . . . .)
I, . . . . . . . ., Clerk of the Superior Court of said County and State, certify that this document represents true and correct Letters of Guardianship/Conservatorship in the above entitled case, entered upon the record on this . . . . . . . day of . . . . . ., . . . ..
These letters remain in full force and effect until the date of expiration set forth above.
The seal of Superior Court has been affixed and witnessed by my hand this . . . . . . . day of . . . . . . . . ., . . . ..
. . . . . . . . . ., Clerk of Superior Court
By . . . . . . . ., Deputy
. . . . . . . . . . . . . . . . . . . .
(Signature of Deputy)
[ 2019 c 437 s 605.]

catchline: Letters of office.


title: RCW 11.130.665

text:
The guardianship/conservatorship summary shall be in or substantially similar form:
GUARDIANSHIP/CONSERVATORSHIP SUMMARY
Date Guardian/Conservator Appointed:
. . . .
Due Date for Report and Accounting:
. . . .
Date of Next Review:
. . . .
Letters Expire On:
. . . .
Bond Amount:
$. . . .
Restricted Account Agreements Required:
. . . .
Due Date for Inventory, if applicable:
. . . .
Due Date for Guardian's Plan, if applicable:
. . . .
Person subject to guardianship/conservatorship
Guardian/Conservator
Name:
Name:
Address:
Address:
Phone:
Phone:
Facsimile:
Facsimile:
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Address
Relation
[ 2019 c 437 s 606.]
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catchline: Guardianship/conservatorship summary.


title: RCW 11.130.670

text:
(1) The certified professional guardianship board must resolve grievances against professional guardians and/or conservators within a reasonable time for alleged violations of the certified professional guardianship board's standards of practice, statutes, regulations, or rules, that relate to the conduct of a certified professional guardian or conservator.
(a) All grievances must initially be reviewed within thirty days by certified professional guardianship board members, or a subset thereof, to determine if the grievance is complete, states facts that describe a violation of the standards of practice, statutes, regulations, or rules, and relates to the conduct of a professional guardian and/or conservator, before investigating, requesting a response from the professional guardian or conservator, or forwarding to the superior courts. To be complete, grievances must provide sufficient details of the alleged conduct to demonstrate that a violation of the statute, regulation, standard of practice, or rule, relating to the conduct of a certified professional guardian or conservator could have occurred, the dates the alleged conduct occurred, and must be signed and dated by the person filing the grievance. Grievance investigations by the board are limited to the allegations contained in the grievance unless, after review by a majority of the members of the certified professional guardianship board, further investigation is justified.
(b) If the certified professional guardianship board determines the grievance is complete, states facts that allege a violation of the certified professional guardianship board's standards of practice, and relates to the conduct of a professional guardian and/or conservator, the certified professional guardianship board must forward that grievance within ten days to the superior court for that guardianship or conservatorship and to the professional guardian and/or conservator. The court must review the matter as set forth in RCW 11.130.140, and must direct the clerk of the court to send a copy of the order entered under this section to the certified professional guardianship board. The certified professional guardianship board must accept as facts any finding of fact contained in the order. The certified professional guardianship board must act consistently with any finding of fact issued in that order.
(2) Grievances received by the certified professional guardianship board must be investigated and the resolution determined and in process within one hundred eighty days of receipt. The one hundred eighty days is tolled during any period of time when:
(a) The certified professional guardianship board has provided a certified professional guardian or conservator an opportunity to respond to a grievance against the certified professional guardian or conservator and the certified professional guardianship board is awaiting the certified professional guardian or conservator's response;
(b) The certified professional guardianship board has forwarded a grievance to the superior court for review under subsection (1)(b) of this section and is awaiting receipt of the court's entered order with findings; or
(c) A certified professional guardianship board disciplinary hearing has been requested or is in process and during the time of posthearing board review of the hearing officer's recommendations through issuance of a final certified professional guardianship board's order on the matter.
(3) If the grievance cannot be resolved within one hundred eighty days, the certified professional guardianship board must notify the professional guardian and/or conservator. The professional guardian or conservator may propose a resolution of the grievance with facts and/or arguments. The certified professional guardianship board may accept the proposed resolution or determine that an additional ninety days are needed to review the grievance. If the certified professional guardianship board has not resolved the grievance within the additional ninety days the professional guardian or conservator may:
(a) File a motion for a court order to compel the certified professional guardianship board to resolve the grievance within a reasonable time; or
(b) Move for the superior court to resolve the grievance instead of being resolved by the certified professional guardianship board.
(4) The superior court has authority to enforce the certified professional guardianship board's standards of practice in this article to the extent those standards are related to statutory or fiduciary duties of guardians and conservators.
(5) Any unresolved grievances filed with the certified professional guardianship board one year or more before January 1, 2022, must be forwarded to the superior court for that guardianship or conservatorship for review by the superior court as set forth in RCW 11.130.140 if the grievance is not in process of a hearing or final resolution.
[ 2021 c 65 s 106; 2020 c 312 s 225; 2019 c 437 s 701.]
Notes:
Effective date—2021 c 65 ss 106 and 107: "Sections 106 and 107 of this act take effect January 1, 2022." [ 2021 c 65 s 108.]
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Certified professional guardianship board—Grievances.


title: RCW 11.130.700

text:
The definitions in this section apply throughout this section and RCW 11.130.705 through 11.130.755 unless the context clearly requires otherwise.
(1) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities.
(2) "Supported decision-making agreement" is an agreement between an adult with a disability and one or more supporters entered into under this chapter.
(3) "Supporter" means an adult who has entered into a supported decision-making agreement with an adult with a disability.
[ 2020 c 312 s 601.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Definitions.


title: RCW 11.130.705

text:
The purpose of RCW 11.130.700 through 11.130.755 is to recognize a less restrictive alternative to guardianship for adults with disabilities who need assistance with decisions regarding daily living.
[ 2020 c 312 s 602.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Purpose.


title: RCW 11.130.710

text:
(1) All adults are presumed to be capable of managing their affairs.
(2) The manner in which an adult communicates with others is not grounds for deciding that the adult is incapable of managing the adult's affairs.
(3) Execution of a supported decision-making agreement may not be used as evidence for the petition or appointment of a guardianship or conservatorship under this chapter, and does not preclude the ability of the adult who has entered into such an agreement to act independently of the agreement.
[ 2020 c 312 s 603.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Presumption of capacity.


title: RCW 11.130.715

text:
An adult with a disability may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with a supporter under which the adult with a disability authorizes the supporter to do any or all of the following:
(1) Provide supported decision making, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the adult with a disability;
(2) Assist the adult in accessing, collecting, and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational, or treatment records, from any person;
(3) Assist the adult with a disability in understanding the information described in subsection (2) of this section; and
(4) Assist the adult in communicating the adult's decisions to appropriate persons.
[ 2020 c 312 s 604.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Scope.


title: RCW 11.130.720

text:
A supporter may exercise the authority granted to the supporter in the supported decision-making agreement.
[ 2020 c 312 s 605.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Authority of supporter.


title: RCW 11.130.725

text:
(1) Except as provided by subsection (2) of this section, the supported decision-making agreement extends until terminated by either party or by the terms of the agreement.
(2) The supported decision-making agreement is terminated if:
(a) The department of social and health services finds that the adult with a disability has been abused, neglected, or exploited by the supporter;
(b) The supporter is found criminally liable for conduct described in (a) of this subsection;
(c) The person with a disability gives notice to the supporter orally, in writing, through an assistive technology device, or by any other means or act showing a specific intent to terminate the agreement; or
(d) The supporter provides written notice of the supporter's resignation to the person with a disability. If a supported decision-making agreement includes more than one supporter, each supporter can terminate the agreement only as to that supporter.
[ 2020 c 312 s 606.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Term.


title: RCW 11.130.730

text:
The following are disqualified from acting as a supporter:
(1) A person who is an employer or employee of the adult with a disability, unless the person is: (a) An immediate family member of the adult with a disability; or (b) a certified professional guardian and conservator or certified professional guardian and conservator agency;
(2) A person directly providing paid support services to the adult with a disability, unless the person is an immediate family member of the adult with a disability; and
(3) An individual against whom the person with a disability has obtained an order of protection from abuse, or an individual who is the subject of a civil or criminal order prohibiting contact with the adult with a disability.
[ 2026 c 177 s 16; 2020 c 312 s 607.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Disqualification of supporter.


title: RCW 11.130.735

text:
(1) A supporter is only authorized to assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement.
(2) If a supporter assists an adult with a disability in accessing, collecting, or obtaining personal information, including protected health information under the federal health insurance portability and accountability act of 1996, P.L. 104-191, or educational records under the federal family educational rights and privacy act of 1974, 20 U.S.C. Sec. 1232g, the supporter shall ensure the information is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure.
(3) The existence of a supported decision-making agreement does not preclude an adult with a disability from seeking personal information without the assistance of a supporter.
[ 2020 c 312 s 608.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Access of supporter to personal information.


title: RCW 11.130.740

text:
(1) A supported decision-making agreement must be in writing, dated, and signed voluntarily, without coercion or undue influence, by the adult with a disability and the supporter in the presence of two or more subscribing witnesses or a notary public.
(2) If signed before two witnesses, the attesting witnesses must be at least eighteen years of age.
(3) The witnesses required by subsection (1) of this section may not be any of the following:
(a) A supporter for the person with a disability;
(b) An employee or agent of a supporter named in the supported decision-making agreement;
(c) A paid provider of services to the person with a disability; or
(d) Any person who does not understand the type of communication the person with a disability uses, unless an individual who understands the person with a disability's means of communication is present to assist during the execution of the supported decision-making agreement.
[ 2020 c 312 s 609.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Execution of agreement.


title: RCW 11.130.745

text:
(1) Subject to subsection (2) of this section, a supported decision-making agreement is valid only if it is in substantially the following form:
SUPPORTED DECISION-MAKING AGREEMENT
Appointment of Supporter
I, ..... (name of supported adult), make this agreement of my own free will.
I agree and designate that:
Name: ..... (name of supporter)
Address: ..... (address of supporter)
Phone Number: ..... (phone number of supporter)
Email Address: ..... (email address of supporter)
is my supporter.
My supporter may help me with making everyday life decisions relating to the following:
(Y/N) Obtaining food, clothing, and shelter.
(Y/N) Taking care of my health.
(Y/N) Managing my financial affairs.
(Y/N) Other matters: ..... (specify).
My supporter is not allowed to make decisions for me. To help me with my decisions, my supporter may:
1. Help me access, collect, or obtain information that is relevant to a decision, including medical, psychological, financial, educational, or treatment records;
2. Help me understand my options so I can make an informed decision; and
3. Help me communicate my decision to appropriate persons.
(Y/N) A release allowing my supporter to see protected health information under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, is attached.
(Y/N) A release allowing my supporter to see educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g, is attached.
Effective Date of Supported Decision-Making Agreement
This supported decision-making agreement is effective immediately and will continue until ..... (insert date) or until the agreement is terminated by my supporter or me or by operation of law.
Signed this ..... (day) day of ..... (month), ..... (year)
Consent of Supporter
I, ..... (name of supporter), acknowledge my responsibilities and consent to act as a supporter under this agreement.
(Signature of supporter)
(Printed name of supporter)
Supporter
(Signature of supported adult)
(Printed name of supported adult)
Supported Adult
(Signature of witness 1)
(Printed name of witness 1)
Witness 1
(Signature of witness 2)
(Printed name of witness 2)
Witness 2
State of .....
County of .....
This record was acknowledged before me on ..... (date) by ..... (name(s) of individuals).
. . . .
(Signature of notary public)
(Stamp)
. . . .
(Title of office)
My commission expires:
. . . .
(Date)
WARNING: PROTECTION FOR VULNERABLE ADULTS AS DEFINED UNDER CHAPTER 74.34 RCW.
IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT A VULNERABLE ADULT IS BEING ABUSED, ABANDONED, NEGLECTED (INCLUDING SELF-NEGLECT), OR PERSONALLY OR FINANCIALLY EXPLOITED BY THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, ABANDONMENT, NEGLECT, SELF-NEGLECT, OR PERSONAL OR FINANCIAL EXPLOITATION TO THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES BY CALLING THE ABUSE HOTLINE AT 1-800-END-HARM.
(2) A supported decision-making agreement may be in any form not inconsistent with subsection (1) of this section and the other requirements of this chapter.
[ 2020 c 312 s 610.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Form.


title: RCW 11.130.750

text:
(1) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement.
(2) A person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement.
(3) A person who is asked to accept an acknowledged supported decision-making agreement may request, and rely upon without further investigation, a supporter's certification given under penalty of perjury meeting the following requirements:
(a) The person presenting themselves as the supporter and signing the affidavit or declaration is the person so named in the supported decision-making agreement;
(b) To the best of the supporter's knowledge, the principal is still alive;
(c) To the best of the supporter's knowledge, at the time the supported decision-making agreement was signed, the principal was competent to execute the document and was not under undue influence to sign the document;
(d) The supporter does not have actual knowledge of the revocation, termination, limitation, or modification of the supported decision-making agreement or of the supporter's authority; and
(e) The supporter is acting in good faith pursuant to the authority given under the supported decision-making agreement.
(4) Except as otherwise provided in subsection (5) of this section:
(a) If a person requests a certification, the person shall accept the supported decision-making agreement no later than five business days after receipt of the certification; and
(b) A person may not require an additional or different form of supported decision-making agreement for authority granted in the supported decision-making agreement presented.
(5) A person is not required to accept an acknowledged supported decision-making agreement if:
(a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(b) Engaging in a transaction with the supporter or the principal in the same circumstances would be inconsistent with federal law;
(c) The person has actual knowledge of the termination of the supporter's authority or of the supported decision-making agreement before exercise of the power;
(d) A request for a certification is refused;
(e) The person in good faith believes that the power is not valid or that the supporter does not have the authority to perform the act requested, whether or not a certification has been requested or provided; or
(f) The person makes, or has actual knowledge that another person has made, a report to the department of social and health services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the supporter or a person acting for or with the supporter.
(6) A person who refuses in violation of this section to accept an acknowledged supported decision-making agreement is subject to:
(a) A court order mandating acceptance of the supported decision-making agreement; and
(b) Liability for reasonable attorneys' fees and costs incurred in any action or proceeding that confirms the validity of the supported decision-making agreement or mandates acceptance of the supported decision-making agreement.
[ 2026 c 177 s 17; 2020 c 312 s 611.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Reliance on agreement—Liability—Request for certification.


title: RCW 11.130.755

text:
If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that a vulnerable adult as defined in RCW 74.34.020 is being abused, abandoned, neglected (including self-neglect), or personally or financially exploited by the supporter, the person shall make a report to the department of social and health services, except where the person is exempted from the requirements to report abuse due to a confidential relationship recognized in statute, regulation, or professional standards.
[ 2020 c 312 s 612.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Reporting of suspected abuse, abandonment, neglect, exploitation.


title: RCW 11.130.900

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2019 c 437 s 802.]

catchline: Uniformity of application and construction.


title: RCW 11.130.905

text:
Chapter 437, Laws of 2019 modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2019 c 437 s 803.]

catchline: Relation to electronic signatures in global and national commerce act.


title: RCW 11.130.910

text:
This chapter applies to:
(1) A proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced after January 1, 2022; and
(2) A guardianship, conservatorship, or protective arrangement instead of a guardianship or conservatorship in existence on January 1, 2022, unless the court finds application of a particular provision of chapter 437, Laws of 2019 would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of chapter 437, Laws of 2019 does not apply and the superseded law applies.
[ 2021 c 65 s 107; 2019 c 437 s 804.]
Notes:
Effective date—2021 c 65 ss 106 and 107: See note following RCW 11.130.670.
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Applicability.


title: RCW 11.130.915

text:
This act takes effect January 1, 2022, except that:
(1) Section 129, chapter 437, Laws of 2019 takes effect on June 11, 2020; and
(2) With respect to minors, sections 101 through 128, 130 through 136, 201 through 216, 602, 802, 803, and 805, chapter 437, Laws of 2019 take effect January 1, 2021.
[ 2020 c 312 s 902; 2019 c 437 s 807.]
Notes:
Effective dates—2020 c 312: "(1) Except for sections 101 through 122, 301 through 307, 312, 313, 725, 801, 902, 903, 905, and 906 of this act, this act takes effect January 1, 2022.
(2) Sections 101 through 122, 301 through 307, 312, 313, 725, 801, 905, and 906 of this act take effect January 1, 2021." [ 2020 c 312 s 907.]

catchline: Effective date—2020 c 312; 2019 c 437.


title: RCW 11.135.005

text:
This chapter may be cited as the uniform electronic estate planning documents act.
[ 2024 c 188 s 1.]

catchline: Short title.


title: RCW 11.135.010

text:
In this chapter:
(1) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.
(2) "Electronic signature" means an electronic symbol or process attached to or logically associated with a record that uses a security procedure and is executed or adopted by a person with the intent to sign the record.
(3) "Information" includes data, text, images, codes, computer programs, software, databases, and the like, and does not include videos or sounds.
(4) "Nontestamentary estate planning document" means a record relating to estate planning that is readable as text at the time of signing and is not a will or contained in a will. The term:
(a) Includes a record readable as text at the time of signing that creates, exercises, modifies, releases, or revokes:
(i) An inter vivos trust governed by chapters 11.97, 11.98, 11.98B, 11.103, 11.110, 11.118, and 11.140 RCW;
(ii) A trust power held by a trustor, a trustee, a beneficiary, or a third party that is granted under the terms of a trust, under this title, specifically including chapters 11.97, 11.98, 11.98B, 11.103, 11.110, and 11.118 RCW, or by any other statute or rule of law related to trusts that requires a writing, written instrument, or a signed record or document;
(iii) A certification of a trust under RCW 11.98.075;
(iv) A power of attorney, including for health care of the principal or of the principal's minor children, that is durable under chapter 11.125 RCW;
(v) An agent's certification under RCW 11.125.430 of the validity of a power of attorney and the agent's authority;
(vi) A power of appointment;
(vii) A health care directive under chapter 70.122 RCW;
(viii) A document appointing an agent to dispose of an individual's remains, directing disposition of an individual's remains after death, or expressing wishes regarding an anatomical gift;
(ix) A nomination of a guardian or conservator for the signing individual;
(x) A nomination of a guardian or conservator for a minor child or disabled adult child or a delegation of parental powers for a minor child pursuant to RCW 11.130.145;
(xi) A mental health advance directive under chapter 71.32 RCW;
(xii) A community property agreement as described in RCW 26.16.120;
(xiii) A disclaimer under RCW 11.86.011(5);
(xiv) A trust decanting under chapter 11.107 RCW;
(xv) A separate writing directing the disposition of tangible personal property under RCW 11.12.260; and
(xvi) Any other record intended to carry out an individual's intent regarding property or health care while incapacitated or on death; and
(b) Does not include:
(i) A deed of real property or certificate of title for a motor vehicle, watercraft, or aircraft; or
(ii) A nonjudicial settlement agreement under RCW 11.96A.220.
(5) "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(6) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
(7) "Sign" means, with present intent to authenticate or adopt a record, to:
(a) Execute or adopt a tangible symbol; or
(b) Attach to or logically associate with the record an electronic signature.
(8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.
[ 2025 c 111 s 22; 2024 c 188 s 2.]

catchline: Definitions.


title: RCW 11.135.020

text:
This chapter must be construed and applied to:
(1) Facilitate electronic estate planning-related documents and signatures consistent with other law; and
(2) Be consistent with reasonable practices concerning electronic documents and signatures and continued expansion of those practices.
[ 2024 c 188 s 3.]

catchline: Construction.


title: RCW 11.135.030

text:
(1) Except as provided in subsection (2) of this section, this chapter applies to an electronic nontestamentary estate planning document and an electronic signature on a nontestamentary estate planning document.
(2) This chapter does not apply to a nontestamentary estate planning document if the document precludes use of an electronic record or electronic signature.
(3) This chapter does not affect the validity of an electronic record or electronic signature that is valid under:
(a) Chapter 1.80 RCW;
(b) Chapter 5.50 RCW;
(c) RCW 11.12.400 through 11.12.491; or
(d) Chapter 42.45 RCW.
[ 2024 c 188 s 4.]


title: RCW 11.135.040

text:
The law of this state and principles of equity applicable to a nontestamentary estate planning document apply to an electronic nontestamentary estate planning document except as modified by this chapter.
[ 2024 c 188 s 5.]

catchline: Principles of law and equity apply.


title: RCW 11.135.050

text:
(1) This chapter does not require a nontestamentary estate planning document or signature on a nontestamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(2) A person is not required to have a nontestamentary estate planning document in electronic form or signed electronically even if the person previously created or signed a nontestamentary estate planning document by electronic means.
(3) A person may not waive the provisions of this section.
[ 2024 c 188 s 6.]

catchline: Electronic documents and signatures not required.


title: RCW 11.135.060

text:
(1) A nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form.
(2) If other law of this state requires a nontestamentary estate planning document to be in writing, an electronic record of the document satisfies the requirement.
(3) If other law of this state requires a signature on a nontestamentary estate planning document, an electronic signature satisfies the requirement.
(4) A person that refuses in violation of this section to accept a nontestamentary estate planning document or a signature on a nontestamentary estate planning document is subject to:
(a) A court order mandating acceptance of the document or signature; and
(b) Liability for reasonable attorneys' fees and costs incurred in any action or proceeding that confirms the validity of the document or signature or mandates acceptance of the document or signature.
[ 2024 c 188 s 7.]

catchline: Electronic documents and signatures recognized.


title: RCW 11.135.070

text:
(1) An electronic nontestamentary estate planning document or electronic signature on an electronic nontestamentary estate planning document is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including by showing the efficacy of a security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(2) The effect of attribution to a person under subsection (1) of this section of a document or signature is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption and as provided by other law.
[ 2024 c 188 s 8.]

catchline: Attribution of electronic document or signature—Effect.


title: RCW 11.135.080

text:
If other law of this state requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual's electronic signature on the document together with all other information required to be included under the other law. The individual making the statement or executing the signature may appear physically or, as provided in RCW 42.45.280, remotely.
[ 2024 c 188 s 9.]

catchline: Notarization.


title: RCW 11.135.090

text:
(1) If other law of this state bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic.
(2) If other law of this state bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual in the presence of the individual signing the document, the presence requirement is satisfied if the individuals are in each other's electronic presence, as defined in RCW 11.02.005.
[ 2024 c 188 s 10.]

catchline: Witnessing.


title: RCW 11.135.100

text:
(1) Except as provided in subsection (2) of this section, if other law of this state requires an electronic nontestamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an electronic record that:
(a) Accurately reflects the information in the document after it was first generated in final form as an electronic record or under RCW 11.135.110; and
(b) Remains accessible to the extent required by the other law.
(2) A requirement under subsection (1) of this section to retain a record does not apply to information the sole purpose of which is to enable the record to be sent, communicated, or received.
(3) If other law of this state requires a nontestamentary estate planning document to be presented or retained in its original form, or provides consequences if a nontestamentary estate planning document is not presented or retained in its original form, an electronic record retained in accordance with subsection (1) of this section satisfies the other law.
(4) This section does not preclude a governmental agency from specifying requirements for the retention of a record subject to the agency's jurisdiction in addition to those in this section. In this subsection, "governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
[ 2024 c 188 s 11.]

catchline: Retention of electronic record.


title: RCW 11.135.110

text:
An individual may create a certified paper copy of an electronic nontestamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document.
[ 2024 c 188 s 12.]

catchline: Certified paper copies.


title: RCW 11.135.120

text:
Evidence relating to an electronic nontestamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because such evidence is in electronic form.
[ 2024 c 188 s 13.]

catchline: Admissibility.


title: RCW 11.135.900

text:
In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
[ 2024 c 188 s 14.]


title: RCW 11.135.901

text:
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
[ 2024 c 188 s 15.]


title: RCW 11.135.902

text:
This chapter applies to an electronic nontestamentary estate planning document created, signed, generated, sent, communicated, received, or stored before, on, or after June 6, 2024.
[ 2024 c 188 s 16.]

catchline: Applicability date.


title: RCW 11.140.005

text:
This chapter may be known and cited as the Washington uniform custodial trust act.
[ 2025 c 111 s 21.]


title: RCW 11.140.010

text:
As used in this chapter:
(1) "Adult" means an individual who is at least 18 years of age.
(2) "Beneficiary" means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this chapter.
(3) "Conservator" means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions.
(4) "Court" means a superior court of this state.
(5) "Custodial trust property" means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest.
(6) "Custodial trustee" means a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated.
(7) "Guardian" means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem.
(8) "Incapacitated" means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause.
(9) "Legal representative" means a personal representative or conservator.
(10) "Member of the beneficiary's family" means a beneficiary's spouse, state registered domestic partner, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
(12) "Personal representative" means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them.
(13) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(14) "Transferor" means a person who creates a custodial trust by transfer or declaration.
(15) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
[ 2025 c 111 s 1.]


title: RCW 11.140.020

text:
(1) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under the Washington uniform custodial trust act.
(2) A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under the Washington uniform custodial trust act. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.
(3) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.
(4) Except as provided in subsection (5) of this section, a transferor may not terminate a custodial trust.
(5) The beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.
(6) Any person may augment existing custodial trust property by the addition of other property pursuant to this chapter.
(7) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.
(8) This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.
[ 2025 c 111 s 2.]

catchline: Custodial trust—General.


title: RCW 11.140.030

text:
(1) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act."
(2) Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.
(3) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right.
[ 2025 c 111 s 3.]

catchline: Custodial trustee for future payment or transfer.


title: RCW 11.140.040

text:
(1) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property.
(2) The custodial trustee's acceptance may be evidenced by a writing stating in substance:
CUSTODIAL TRUSTEE'S RECEIPT AND ACCEPTANCE
I, . . . . . (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act. I undertake to administer and distribute the custodial trust property pursuant to the Washington uniform custodial trust act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of . . . . . (description of property).
Dated: . . . (date) . . .
. . . . .
(Signature of custodial trustee)
(3) Upon accepting custodial trust property, a person designated as custodial trustee under this chapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust.
[ 2025 c 111 s 4.]

catchline: Form and effect of receipt and acceptance by custodial trustee—Jurisdiction.


title: RCW 11.140.050

text:
(1) Unless otherwise directed by an instrument designating a custodial trustee pursuant to RCW 11.140.030, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $20,000, the transfer is not effective unless authorized by the court.
(2) A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.
[ 2025 c 111 s 5.]

catchline: Transfer to custodial trustee by fiduciary or obligor—Facility of payment.


title: RCW 11.140.060

text:
(1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of spouses or state registered domestic partners, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to community or marital property.
(2) Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.
(3) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to RCW 11.140.070 and 11.140.150 for the administration of the custodial trust.
[ 2025 c 111 s 6.]

catchline: Multiple beneficiaries—Separate custodial trusts—Survivorship.


title: RCW 11.140.070

text:
(1) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
(2) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
(3) Subject to subsection (2) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
(4) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: ". . . . . as custodial trustee for . . . . . (name of beneficiary) under the Washington uniform custodial trust act."
(5) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
(6) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
[ 2025 c 111 s 7.]

catchline: General duties of custodial trustee.


title: RCW 11.140.080

text:
(1) A custodial trustee has the powers of a trustee under RCW 11.98.070.
(2) This section does not relieve a custodial trustee from liability for a violation of RCW 11.140.070.
[ 2025 c 111 s 8.]

catchline: General powers of custodial trustee.


title: RCW 11.140.090

text:
(1) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
(2) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.
(3) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
[ 2025 c 111 s 9.]

catchline: Use of custodial trust property.


title: RCW 11.140.100

text:
(1) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if: (a) The custodial trust was created under RCW 11.140.050; (b) the transferor has so directed in the instrument creating the custodial trust; or (c) the custodial trustee has determined that the beneficiary is incapacitated.
(2) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon: (a) Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney; (b) the certificate of the beneficiary's physician; or (c) other persuasive evidence.
(3) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
(4) On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
(5) Absent determination of incapacity of the beneficiary under subsection (2) or (4) of this section, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary.
(6) Incapacity of a beneficiary does not terminate: (a) The custodial trust; (b) any designation of a successor custodial trustee; (c) rights or powers of the custodial trustee; or (d) any immunities of third persons acting on instructions of the custodial trustee.
[ 2025 c 111 s 10.]

catchline: Determination of incapacity—Effect.


title: RCW 11.140.110

text:
A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining:
(1) The validity of the purported custodial trustee's designation;
(2) The propriety of, or the authority under this chapter for, any action of the purported custodial trustee;
(3) The validity or propriety of an instrument executed or instruction given pursuant to this chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or
(4) The propriety of the application of property vested in the purported custodial trustee.
[ 2025 c 111 s 11.]

catchline: Exemption of third person from liability.


title: RCW 11.140.120

text:
(1) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
(2) A custodial trustee is not personally liable to a third person:
(a) On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or
(b) For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.
(3) A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
(4) Subsections (2) and (3) of this section do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
[ 2025 c 111 s 12.]

catchline: Liability to third person.


title: RCW 11.140.130

text:
(1) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under RCW 11.140.030 becomes the custodial trustee, or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee pursuant to RCW 11.140.030. In other cases, the transferor or the transferor's legal representative may designate a substitute custodial trustee.
(2) A custodial trustee who has accepted the custodial trust property may resign by: (a) Delivering written notice to a successor custodial trustee, if any, the beneficiary, and, if the beneficiary is incapacitated, the beneficiary's conservator, if any; and (b) transferring or registering, or recording an appropriate instrument relating to, the custodial trust property, in the name of, and delivering the records to, the successor custodial trustee identified under subsection (3) of this section.
(3) If a custodial trustee or successor custodial trustee is ineligible, resigns, dies, or becomes incapacitated, the successor designated under RCW 11.140.020(7) or 11.140.030 becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated, or fails to act within 90 days after the ineligibility, resignation, death, or incapacity of the custodial trustee, the beneficiary's conservator becomes successor custodial trustee. If the beneficiary does not have a conservator or the conservator fails to act, the resigning custodial trustee may designate a successor custodial trustee.
(4) If a successor custodial trustee is not designated pursuant to subsection (3) of this section, the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary's family, the guardian of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to designate a successor custodial trustee.
(5) A custodial trustee who declines to serve or resigns, or the legal representative of a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial trust property and records in the possession and control of the successor custodial trustee. The successor custodial trustee may enforce the obligation to deliver custodial trust property and records and becomes responsible for each item as received.
(6) A beneficiary, the beneficiary's conservator, an adult member of the beneficiary's family, a guardian of the person of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties, or for other appropriate relief.
[ 2025 c 111 s 13.]

catchline: Declination, resignation, incapacity, death, or removal of custodial trustee, designation of successor custodial trustee.


title: RCW 11.140.140

text:
Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee:
(1) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;
(2) Has a noncumulative election, to be made no later than six months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and
(3) Need not furnish a bond or other security for the faithful performance of fiduciary duties.
[ 2025 c 111 s 14.]

catchline: Expenses, compensation, and bond of custodial trustee.


title: RCW 11.140.150

text:
(1) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property: (a) Once each year; (b) upon request at reasonable times by the beneficiary or the beneficiary's legal representative; (c) upon resignation or removal of the custodial trustee; and (d) upon termination of the custodial trust. The statements must be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.
(2) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.
(3) A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.
(4) In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.
(5) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.
(6) On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
[ 2025 c 111 s 15.]

catchline: Reporting and accounting by custodial trustee—Determination of liability of custodial trustee.


title: RCW 11.140.160

text:
(1) Except as provided in subsection (3) of this section, unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:
(a) Who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or
(b) Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.
(2) Except as provided in subsection (3) of this section, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.
(3) A claim for relief is not barred by this section if the claimant:
(a) Is a minor, until the earlier of two years after the claimant becomes an adult or dies;
(b) Is an incapacitated adult, until the earliest of two years after: (i) The appointment of a conservator; (ii) the removal of the incapacity; or (iii) the death of the claimant; or
(c) Was an adult, now deceased, who was not incapacitated, until two years after the claimant's death.
[ 2025 c 111 s 16.]

catchline: Limitations of action against custodial trustee.


title: RCW 11.140.170

text:
(1) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:
(a) To the beneficiary, if not incapacitated or deceased;
(b) To the conservator or other recipient designated by the court for an incapacitated beneficiary; or
(c) Upon the beneficiary's death, in the following order:
(i) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;
(ii) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to RCW 11.140.060;
(iii) As designated in the instrument creating the custodial trust; or
(iv) To the estate of the deceased beneficiary.
(2) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
(3) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
[ 2025 c 111 s 17.]

catchline: Distribution on termination.