title: RCW 11.130.100

text:
(1) Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this chapter is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the respondent.
(2) Unless otherwise compensated or reimbursed, an attorney, or other person whose services resulted in an order beneficial to an individual subject to guardianship or conservatorship or for whom a protective arrangement under Article 5 of this chapter was ordered, is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the individual.
(3) Where the person subject to guardianship or conservatorship is a department of social and health services client, or health care authority client, and is required to contribute a portion of their income towards the cost of long-term care services or room and board, the amount of compensation or reimbursement shall not exceed the amount allowed by the department of social and health services or health care authority by rule.
(4) Where the person subject to guardianship or conservatorship receives guardianship, conservatorships, or other protective services from the *office of public guardianship, the amount of compensation or reimbursement shall not exceed the amount allowed by the *office of public guardianship.
(5) The court must approve compensation and expenses payable under this section before payment. Approval is not required before a service is provided or an expense is incurred.
(6) If the court dismisses a petition under this chapter and determines the petition was filed in bad faith, the court may assess the cost of any court-ordered professional evaluation, court-appointed attorney, or court visitor against the petitioner.
[ 2024 c 267 s 2; 2020 c 312 s 304; 2019 c 437 s 120.]
Notes:
*Reviser's note: The "office of public guardianship" was renamed the "office of public guardianship and conservatorship" by 2020 c 312 s 403.
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Compensation and expenses—In general.


doc_type: statute

jurisdiction: wa

title: RCW 11.130.105

text:
(1) Subject to court approval, a guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, clothing, and other appropriate expenses advanced for the benefit of the individual subject to guardianship. The court shall determine if the fees charged by a guardian and conservator are just and reasonable.
(2) Subject to court approval, a conservator is entitled to reasonable compensation for services and reimbursement for appropriate expenses from the property of the individual subject to conservatorship.
(3) In determining reasonable compensation for a guardian or conservator, the court, or a conservator in determining reasonable compensation for a guardian as provided in subsection (1) of this section, shall approve compensation that shall not exceed the typical amounts paid for comparable services in the community, at a rate for which the service can be performed in the most efficient and cost-effective manner, considering:
(a) The necessity and quality of the services provided;
(b) The experience, training, professional standing, and skills of the guardian or conservator;
(c) The difficulty of the services performed, including the degree of skill and care required;
(d) The conditions and circumstances under which a service was performed, including whether the service was provided outside regular business hours or under dangerous or extraordinary conditions;
(e) The effect of the services on the individual subject to guardianship or conservatorship;
(f) The extent to which the services provided were or were not consistent with the guardian's plan under RCW 11.130.340 or conservator's plan under RCW 11.130.510; and
(g) The fees customarily paid to a person that performs a like service in the community.
(4) A guardian or conservator need not use personal funds of the guardian or conservator for the expenses of the individual subject to guardianship or conservatorship.
(5) Where the person subject to guardianship or conservatorship is a department of social and health services client, or health care authority client, and is required to contribute a portion of their income towards the cost of long-term care services or room and board, the amount of compensation or reimbursement shall not exceed the amount allowed by the department of social and health services or health care authority by rule.
(6) Where the person subject to guardianship or conservatorship receives guardianship, conservatorship, or other protective services from the *office of public guardianship, the amount of compensation or reimbursement shall not exceed the amount allowed by the *office of public guardianship.
(7) If an individual subject to guardianship or conservatorship seeks to modify or terminate the guardianship or conservatorship or remove the guardian or conservator, the court may order compensation to the guardian or conservator for time spent opposing modification, termination, or removal only to the extent the court determines the opposition was reasonably necessary to protect the interests of the individual subject to guardianship or conservatorship.
[ 2020 c 312 s 305; 2019 c 437 s 121.]
Notes:
*Reviser's note: The "office of public guardianship" was renamed the "office of public guardianship and conservatorship" by 2020 c 312 s 403, effective January 1, 2022.
Effective dates—2020 c 312: See note following RCW 11.130.915.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Compensation of guardian or conservator.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 11.130.110

text:
A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the individual subject to guardianship or conservatorship.
[ 2019 c 437 s 122.]

catchline: Liability of guardian or conservator for act of individual subject to guardianship or conservatorship.


title: RCW 11.130.115

text:
(1) A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservatorship.
(2) Fourteen days after notice of a petition under subsection (1) of this section, the court may give an instruction and issue an appropriate order.
(3) The petitioner must provide reasonable notice of the petition and hearing to the individual subject to a guardianship or conservatorship and any notice party.
[ 2020 c 312 s 306; 2019 c 437 s 123.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Petition after appointment for instruction or ratification.


title: RCW 11.130.120

text:
(1) A person must not recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if:
(a) The person has actual knowledge or a reasonable belief that the letters of office of the guardian or conservator are invalid or the conservator or guardian is exceeding or improperly exercising authority granted by the court; or
(b) The person has actual knowledge that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.
(2) A person may refuse to recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if:
(a) The guardian's or conservator's proposed action would be inconsistent with this chapter; or
(b) The person makes, or has actual knowledge that another person has made, a report to the department of children, youth, and families or the department of social and health services stating a good faith belief that the individual subject to guardianship or conservatorship is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.
(3) A person that refuses to accept the authority of a guardian or conservator in accordance with subsection (2) of this section may report the refusal and the reason for refusal to the court. The court on receiving the report shall consider whether removal of the guardian or conservator or other action is appropriate.
(4) A guardian or conservator may petition the court to require a third party to accept a decision made by the guardian or conservator on behalf of the individual subject to guardianship or conservatorship.
(5) If the court determines that a third party has failed to recognize the legitimate authority of a guardian or conservator, or requires a third party to accept a decision made by the guardian on behalf of the individual subject to guardianship, the court may order that third party to compensate the guardian or conservator, for the time spent only to the extent the court determines the opposition was reasonably necessary to protect the interests of the individual subject to guardianship.
[ 2020 c 312 s 313; 2019 c 437 s 124.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Third-party acceptance of authority of guardian or conservator.


title: RCW 11.130.125

text:
(1) Except as otherwise provided in subsection (3) of this section, a guardian or conservator may delegate a power to an agent which a prudent guardian or conservator of comparable skills could delegate prudently under the circumstances if the delegation is consistent with the guardian's or conservator's fiduciary duties and the guardian's plan under RCW 11.130.340 or the conservator's plan under RCW 11.130.510.
(2) In delegating a power under subsection (1) of this section, the guardian or conservator shall exercise reasonable care, skill, and caution in:
(a) Selecting the agent;
(b) Establishing the scope and terms of the agent's work in accordance with the guardian's plan under RCW 11.130.340 or the conservator's plan under RCW 11.130.510;
(c) Monitoring the agent's performance and compliance with the delegation;
(d) Redressing an act or omission of the agent which would constitute a breach of the guardian's or conservator's duties if done by the guardian or conservator; and
(e) Ensuring a background check is conducted on the agent, or conducted on persons employed by the agent when those persons are providing services to the individual subject to a guardianship or conservatorship.
(3) A guardian or conservator may not delegate all powers to an agent.
(4) In performing a power delegated under this section, an agent shall:
(a) Exercise reasonable care to comply with the terms of the delegation and use reasonable care in the performance of the power; and
(b) If the guardian or conservator has delegated to the agent the power to make a decision on behalf of the individual subject to guardianship or conservatorship, use the same decision-making standard the guardian or conservator would be required to use.
(5) By accepting a delegation of a power under subsection (1) of this section from a guardian or conservator, an agent submits to the personal jurisdiction of the courts of this state in an action involving the agent's performance as agent.
(6) A guardian or conservator that delegates and monitors a power in compliance with this section is not liable for the decision, act, or omission of the agent.
[ 2019 c 437 s 125.]

catchline: Use of agent by guardian or conservator.


title: RCW 11.130.130

text:
(1) The court may appoint a temporary substitute guardian for an individual subject to guardianship for a period not exceeding six months if:
(a) A proceeding to remove a guardian for the individual is pending; or
(b) The court finds a guardian is not effectively performing the guardian's duties and the welfare of the individual requires immediate action.
(2) The court may appoint a temporary substitute conservator for an individual subject to conservatorship for a period not exceeding six months if:
(a) A proceeding to remove a conservator for the individual is pending; or
(b) The court finds that a conservator for the individual is not effectively performing the conservator's duties and the welfare of the individual or the conservatorship estate requires immediate action.
(3) The court shall hold a hearing to appoint a temporary substitute guardian pursuant to subsection (1)(a) or (b) of this section, or to appoint a temporary substitute conservator pursuant to subsection (2)(a) or (b) of this section. The court shall give notice under RCW 11.130.065 to the adult subject to guardianship or conservatorship and to any other person the court determines should receive notice. The adult subject to guardianship or conservatorship shall have the right to attend the hearing and to be represented by counsel of the adult subject to guardianship or conservatorship's choosing.
(4) Except as otherwise ordered by the court, a temporary substitute guardian or temporary substitute conservator appointed under this section has the powers stated in the order of appointment of the guardian or conservator. The authority of the existing guardian or conservator is suspended for as long as the temporary substitute guardian or conservator has authority.
(5) The court shall give notice of appointment of a temporary substitute guardian or temporary substitute conservator, not later than five days after the appointment, to:
(a) The individual subject to guardianship or conservatorship;
(b) The affected guardian or conservator; and
(c) In the case of a minor, each parent of the minor and any person currently having care or custody of the minor.
(6) The court may remove a temporary substitute guardian or temporary substitute conservator at any time. The temporary substitute guardian or temporary substitute conservator shall make any report the court requires.
[ 2019 c 437 s 126.]

catchline: Temporary substitute guardian or conservator.


title: RCW 11.130.135

text:
(1) If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court, may register the guardianship order in this state by filing as a foreign judgment, in a court of an appropriate county of this state, certified copies of the order and letters of office.
(2) If a conservator has been appointed in another state for an individual, and a petition for conservatorship for the individual is not pending in this state, the conservator appointed for the individual in the other state, after giving notice to the appointing court, may register the conservatorship in this state by filing as a foreign judgment, in a court of a county in which property belonging to the individual subject to conservatorship is located, certified copies of the order of conservatorship, letters of office, and any bond or other verified receipt required by the court.
(3) On registration under this section of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order except as prohibited by this chapter and law of this state other than this chapter. If the guardian or conservator is not a resident of this state, the guardian or conservator may maintain an action or proceeding in this state subject to any condition imposed by this state on an action or proceeding by a nonresident party.
(4) The court may grant any relief available under this chapter and law of this state other than this chapter to enforce an order registered under this section.
[ 2019 c 437 s 127.]

catchline: Registration of order—Effect.


title: RCW 11.130.140

text:
(1) An individual who is subject to guardianship or conservatorship, or person interested in the welfare of an individual subject to guardianship or conservatorship, that reasonably believes the guardian or conservator is breaching the guardian's or conservator's fiduciary duty or otherwise acting in a manner inconsistent with this chapter may file a grievance in a record with the court.
(2)(a) An unrepresented person or entity may submit a complaint to the court. Complaints must be addressed to one of the following designees of the court: The clerk of the court having jurisdiction in the guardianship, the court administrator, or the guardianship monitoring program, and must identify the complainant and the person who is the subject of the guardianship or conservatorship. The complaint must also provide the complainant's address, the case number (if available), and the address of the person subject to a guardianship or conservatorship (if available). The complaint must state facts to support the claim.
(b) By the next judicial day after receipt of a complaint from an unrepresented person, the court's designee must ensure the original complaint is filed and deliver the complaint to the court.
(c) Within fourteen days of being presented with a complaint, the court must enter an order to do one or more of the following actions:
(i) To show cause, with fourteen days' notice, directing the guardian or conservator to appear at a hearing set by the court in order to respond to the complaint;
(ii) To appoint a court visitor or other court representative to investigate the issues raised by the complaint or to take any emergency action the court deems necessary to protect the person subject to a guardianship or conservatorship until a hearing can be held;
(iii) To dismiss the complaint without scheduling a hearing, if it appears to the court that the complaint: Is without merit on its face; is filed in other than good faith; is filed for an improper purpose; regards issues that have already been adjudicated; or is frivolous. In making a determination, the court may review the matter and consider previous behavior of the complainant that is documented in the guardianship or conservatorship record;
(iv) To direct the guardian or conservator to provide, in not less than fourteen days, a written report to the court on the issues raised in the complaint;
(v) To defer consideration of the complaint until the next regularly scheduled hearing in the guardianship or conservatorship, if the date of that hearing is within the next three months, provided that there is no indication that the person subject to a guardianship or conservatorship will suffer physical, emotional, financial, or other harm as a result of the court's deferral of consideration;
(vi) To order other action, in the court's discretion, in addition to doing one or more of the actions set out in this subsection.
(3) Subject to subsection (4) of this section, after receiving a grievance under subsection (1) of this section, the court:
(a) Shall promptly review the grievance against a guardian and shall act to protect the autonomy, values, preferences, and independence of the individual subject to guardianship or conservatorship;
(b) Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that:
(i) Removal of the guardian and appointment of a successor may be appropriate under RCW 11.130.350;
(ii) Termination or modification of the guardianship may be appropriate under RCW 11.130.355;
(iii) Removal of the conservator and appointment of a successor may be appropriate under RCW 11.130.565;
(iv) Termination or modification of the conservatorship may be appropriate under RCW 11.130.570; or
(v) A hearing is necessary to resolve the allegations set forth in the grievance; and
(c) May take any action supported by the evidence, including:
(i) Ordering the guardian or conservator to provide the court a report, accounting, inventory, updated plan, or other information;
(ii) Appointing a court visitor;
(iii) Appointing an attorney for the individual subject to guardianship or conservatorship; or
(iv) Holding a hearing.
(4) The court may decline to act under subsection (3) of this section if a similar grievance was filed within the six months preceding the filing of the current grievance and the court followed the procedures of subsection (3) of this section in considering the earlier grievance; and may levy necessary sanctions, including but not limited to the imposition of reasonable attorney fees, costs, striking pleadings, or other appropriate relief, if after consideration the court finds that the grievance is made for reason to harass, delay, with malice, or other bad faith.
(5) In any court action under this section where the court finds the professional guardian or conservator breached a fiduciary duty, the court must direct the clerk of the court to send a copy of the order entered under this section to the certified professional guardianship board.
(6) A court shall not dismiss a grievance that has been filed against a guardian or conservator due to an inability to resolve the grievance in a timely manner.
[ 2020 c 312 s 307; 2019 c 437 s 128.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Grievance or complaint against guardian or conservator.


title: RCW 11.130.145

text:
Except as otherwise provided in RCW 11.125.410, a parent of a minor, by a power of attorney, may delegate to another person for a period not exceeding twenty-four months any of the parent's powers regarding care, custody, or property of the minor, other than power to consent to marriage or adoption.
[ 2019 c 437 s 129.]

catchline: Delegation by parent.


title: RCW 11.130.150

text:
A guardian ad litem or visitor shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem or visitor who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.
[ 2019 c 437 s 130.]

catchline: Ex parte communications—Removal.


title: RCW 11.130.155

text:
(1) The superior court of each county shall develop and maintain a registry of persons who are willing and qualified to serve as guardians ad litem and visitors in guardianship and conservatorship matters. The court shall choose as guardian ad litem or visitor a person whose name appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem or visitor. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision.
(2) To be eligible for the registry a person shall:
(a) Present a written statement outlining his or her background and qualifications. The background statement shall include, but is not limited to, the following information:
(i) Level of formal education;
(ii) Training related to the duties of a guardian ad litem or visitor;
(iii) Number of years' experience as a guardian ad litem or visitor;
(iv) Number of appointments as a guardian ad litem or visitor and the county or counties of appointment;
(v) Criminal history, as defined in RCW 9.94A.030; and
(vi) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of persons subject to guardianship or conservatorship, legal procedure, and the requirements of this chapter.
The written statement of qualifications shall include the names of any counties in which the person was removed from a guardian ad litem or visitor registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and
(b) Complete the training as described in subsection (5) of this section. The training is not applicable to guardians ad litem appointed pursuant to special proceeding rule 98.16W.
(3) The superior court shall remove any person from the guardian ad litem or visitor registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court.
(4) The background and qualification information shall be updated annually.
(5) The department of social and health services shall convene an advisory group to develop a model lay guardian, guardian ad litem, and visitor training program and shall update the program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, domestic violence, aging, legal, court administration, the Washington state bar association, and other interested parties.
(6) The superior court shall require utilization of the model program developed by the advisory group as described in subsection (5) of this section to assure that candidates applying for registration as a qualified guardian ad litem or visitor shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem or visitor.
[ 2019 c 437 s 131.]

catchline: Registry for guardians ad litem and visitors.


title: RCW 11.130.160

text:
Every order appointing a guardian or conservator and every court order approving accounts or reports filed by a guardian or conservator must include a guardianship/conservatorship summary placed directly below the case caption or on a separate cover page in or substantially in the same form as set forth in RCW 11.130.665.
[ 2019 c 437 s 132.]

catchline: Guardianship/conservatorship summary.


title: RCW 11.130.165

text:
A county may create a guardianship/conservatorship courthouse facilitator program to provide basic services to pro se litigants in guardianship and conservatorship cases. The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars, or both, on superior court cases filed under this chapter, chapter 11.90 RCW, and chapter 73.36 RCW to pay for the expenses of the guardianship/conservatorship courthouse facilitator program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate guardianship/conservatorship courthouse facilitator account to be used as provided in this section.
[ 2019 c 437 s 133.]

catchline: Guardianship/conservatorship courthouse facilitator program.


title: RCW 11.130.170

text:
(1)(a) The attorney general may petition for the appointment of a guardian, conservator, or other protective arrangement under RCW 11.130.270, 11.130.365, and 11.130.595 in which there is cause to believe that a guardianship, conservatorship, or protective arrangement is necessary and no private party is able and willing to petition.
(b) Prepayment of a filing fee shall not be required in any guardianship, conservatorship, or protective arrangement proceeding brought by the attorney general. Payment of the filing fee shall be ordered from the estate of the respondent person at the hearing on the merits of the petition, unless in the judgment of the court, such payment would impose a hardship upon the respondent, in which case the filing shall be waived.
(2) No filing fee shall be charged by the court for filing a petition for guardianship, conservatorship, or other protective arrangement filed under RCW 11.130.270, 11.130.365, and 11.130.595 if the petition alleges that the respondent has total assets of a value of less than three thousand dollars.
(3) No filing fee shall be charged by the court for filing a petition for guardianship or conservatorship filed under Article 2 of this chapter, where the potential guardian is a relative and not a professional guardian or conservator.
[ 2019 c 437 s 134.]

catchline: Filing fee.


title: RCW 11.130.175

text:
For guardianships involving veterans see chapter 73.36 RCW.
[ 2019 c 437 s 135.]

catchline: Guardianships involving veterans.


title: RCW 11.130.180

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and relative shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2019 c 437 s 136.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 11.130.185

text:
(1) A person becomes a guardian for a minor only on appointment by the court.
(2) The 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:
(a) Each parent of the minor, after being fully informed of the nature and consequences of guardianship, consents;
(b) All parental rights have been terminated; or
(c) There is clear and convincing evidence that no parent of the minor is willing or able to exercise parenting functions as defined in RCW 26.09.004.
[ 2020 c 312 s 101; 2019 c 437 s 201.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Basis for appointment of guardian for minor.


title: RCW 11.130.190

text:
(1) A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor.
(2) A petition under subsection (1) of this section must state the petitioner's name, principal residence, current street address, if different, relationship to the minor, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following:
(a) The minor's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the minor will reside if the appointment is made;
(b) The name and current street address of the minor's parents;
(c) The name and address, if known, of 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;
(d) The name and address of any attorney for the minor and any attorney for each parent of the minor;
(e) The legal basis for the guardianship. Factual reasons why the guardianship is sought and would be in the best interest of the minor shall be set out in a separate supplemental declaration;
(f) The name and address of any proposed guardian and the reason the proposed guardian should be selected;
(g) If the minor has property other than personal effects, a general statement of the minor's property with an estimate of its value;
(h) Whether the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings;
(i) Whether any parent of the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; and
(j) Whether any other proceeding concerning the care or custody of the minor is pending in any court in this state or another jurisdiction.
(3) The court may, upon a showing of good cause, order that the information concerning the reasons for the guardianship contained in the supplemental declaration to the petition and all subsequently filed pleadings and evidence by any party not be served on the minor if the minor is unrepresented. A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record.
(4) Courts may develop forms for the purpose of filing petitions under subsection (1) of this section.
[ 2020 c 312 s 102; 2019 c 437 s 202.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Petition for appointment of guardian for minor.


title: RCW 11.130.195

text:
(1) If a petition is filed under RCW 11.130.190, the court shall schedule a hearing and the petitioner shall:
(a) Serve notice of the date, time, and place of the hearing, together with a copy of the petition and supplemental declaration, personally on each of the following that is not the petitioner:
(i) The minor, if the minor is twelve years of age or older. The court may, upon a showing of good cause, order that information concerning the reasons for the guardianship contained in the petition, the supplemental declaration, and all subsequently filed pleadings and evidence by any party, not be served on the minor if the minor is unrepresented. A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record;
(ii) Each parent of the minor or, if there is none, the adult nearest in kinship who can be found with reasonable diligence;
(iii) Any guardian or person with nonparental custody of the minor issued under *chapter 26.10 RCW; and
(iv) Any other person the court determines should receive personal service of notice; and
(b)(i) Give notice by mail or other action reasonably calculated to give notice under RCW 11.130.065 of the date, time, and place of the hearing, together with a copy of the petition, to:
(A) Any adult with primary care and custody of the minor who is not a parent, guardian, or person with nonparental custody issued under *chapter 26.10 RCW;
(B) Each person that had primary care or custody of the minor for at least 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 known;
(C) Any person nominated as guardian by the minor, if the minor is twelve years of age or older;
(D) Any nominee of a parent;
(E) Each grandparent and adult sibling of the minor, if known;
(F) Any conservator acting for the minor in any jurisdiction; and
(G) Any other person the court determines.
(ii) The court may waive notice to persons listed under (b)(i) of this subsection for good cause. Good cause includes an allegation that giving notice may risk harm to the minor.
(2) Notice required by subsection (1) of this section must include a statement of the right to request appointment of an attorney for the minor or object to appointment of a guardian and a description of the nature, purpose, and consequences of appointment of a guardian. Notice for the minor must specifically state all rights retained by the minor including the right to request counsel, the right to attend, and the right to participate and communicate with the court. Notice for the minor must also state whether the court has entered any prior order limiting information served upon the minor, and that the minor may ask the court to reconsider the court's order at any time. Notice for the minor must include information on how the minor can respond to the petition.
(3) The court may not grant a petition for guardianship of a minor if notice substantially complying with subsection (1)(a) of this section is not served on:
(a) The minor, if the minor is twelve years of age or older; and
(b) Each parent of the minor, unless the court finds by clear and convincing evidence that the parent cannot with due diligence be located and served or the parent waived, in a record, the right to notice.
(4) If a petitioner is unable to serve notice under subsection (1)(a) of this section on a parent of a minor or alleges that the parent waived, in a record, the right to notice under this section, and in all cases involving a minor twelve years of age and older when the minor is unrepresented, the court shall appoint a court visitor who shall:
(a) Interview the petitioner and the minor;
(b) Meet with the minor and explain the rights retained by the minor as outlined in the notice requirements under this section. The court visitor shall ascertain the minor's views or positions regarding the guardianship and shall file a report with the court regarding the minor's views or positions. If the minor wishes the court to reconsider any prior order limiting information served upon the minor, the court visitor shall inform the court of the minor's request;
(c) If the petitioner alleges the parent cannot be located, ascertain whether the parent cannot be located with due diligence;
(d) Investigate any other matter relating to the petition the court directs; and
(e) Ascertain whether the parent consents to the guardian for the minor.
[ 2020 c 312 s 103; 2019 c 437 s 203.]
Notes:
*Reviser's note: Chapter 26.10 RCW was repealed by 2020 c 312 s 905, effective January 1, 2021.
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Notice of hearing for appointment of guardian for minor.


title: RCW 11.130.200

text:
(1) The court is not required, but may appoint an attorney to represent a minor who is the subject of a proceeding under RCW 11.130.190 if:
(a) Requested by the minor and the minor is twelve years of age or older;
(b) Recommended by a guardian ad litem; or
(c) The court determines the minor needs representation.
(2) An attorney appointed under subsection (1) of this section shall:
(a) Make a reasonable effort to ascertain the minor's wishes;
(b) Advocate for the minor's wishes to the extent reasonably ascertainable; and
(c) If the minor's wishes are not reasonably ascertainable, advocate for the minor's legal rights.
(3) A minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the minor in the proceeding.
(4) A parent of a minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the parent in the proceeding.
(5) The court must appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190 if:
(a) The parent has appeared in the proceeding;
(b) The parent is indigent; and
(c) Any of the following is true:
(i) The parent objects to appointment of a guardian for the minor; or
(ii) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or
(iii) The court otherwise determines the parent needs representation.
(6) The court must inquire about whether a parent is indigent to ensure that counsel is appointed in a timely manner. For purposes of this section, "indigent" has the same meaning as under RCW 10.101.010.
(7) The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190, even if the parent is not indigent, if:
(a) The parent objects to appointment of a guardian for the minor;
(b) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or
(c) The court otherwise determines that the parent needs representation.
(8) A party represented by an attorney in proceedings under this article has the right to introduce evidence, to be heard in his or her own behalf, and to examine witnesses. If a party to an action under this article is represented by counsel, no order may be provided to that party for signature without prior notice and provision of the order to counsel.
[ 2019 c 437 s 204.]

catchline: Attorney for minor or parent.


title: RCW 11.130.205

text:
(1) The court shall allow a minor who is the subject of a hearing under RCW 11.130.195 to attend the hearing and allow the minor to participate in the hearing unless the court determines that:
(a) The minor lacks the ability or maturity to participate meaningfully in the hearing; or
(b) Attendance would be harmful to the minor.
(2) Unless excused by the court for good cause, the person proposed to be appointed as guardian for a minor shall attend a hearing under RCW 11.130.195.
(3) Each parent of a minor who is the subject of a hearing under RCW 11.130.195 has the right to attend the hearing.
(4) A person may request permission to participate in a hearing under RCW 11.130.195. The court may grant the request, with or without hearing, on determining that it is in the best interest of the minor who is the subject of the hearing. The court may impose appropriate conditions on the person's participation.
[ 2020 c 312 s 104; 2019 c 437 s 205.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Attendance and participation at hearing for appointment of guardian for minor.


title: RCW 11.130.210

text:
(1) Before granting any order under this chapter, the court must consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child.
(2) Before entering a final order, the court must:
(a) Direct the department of children, youth, and families to release information regarding all proposed guardians and all adult members of any proposed guardian's household as provided under RCW 13.50.100; and
(b) Require the petitioner to provide the results of an examination of state and national criminal identification data provided by the Washington state patrol criminal identification system as described in chapter 43.43 RCW for all proposed guardians as well as all adult members of the proposed guardian's household.
[ 2022 c 243 s 7; 2020 c 312 s 105; 2019 c 437 s 206.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Custody orders—Background information to be consulted.


title: RCW 11.130.215

text:
(1) After a hearing under RCW 11.130.195, the court may appoint a guardian for a minor, if appointment is proper under RCW 11.130.185, dismiss the proceeding, or take other appropriate action consistent with this chapter or law of this state other than this chapter.
(2) In appointing a guardian under subsection (1) of this section, the following rules apply:
(a) The court shall appoint a person nominated as guardian by a parent of the minor in a probated will or other record unless the court finds the appointment is contrary to the best interest of the minor. Any "other record" must be a declaration or other sworn document and may include a power of attorney or other sworn statement as to the care, custody, or control of the minor child.
(b) If multiple parents have nominated different persons to serve as guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that appointment of none of the nominees is in the best interest of the minor.
(c) If a guardian is not appointed under (a) or (b) of this subsection, the court shall appoint the person nominated by the minor if the minor is twelve years of age or older unless the court finds that appointment is contrary to the best interest of the minor. In that case, the court shall appoint as guardian a person whose appointment is in the best interest of the minor.
(3) In the interest of maintaining or encouraging involvement by a minor's parent in the minor's life, developing self-reliance of the minor, or for other good cause, the court, at the time of appointment of a guardian for the minor or later, on its own or on motion of the minor or other interested person, may create a limited guardianship by limiting the powers otherwise granted by this article to the guardian. Following the same procedure, the court may grant additional powers or withdraw powers previously granted.
(4) The court, as part of an order appointing a guardian for a minor, shall state rights retained by any parent of the minor, which shall preserve the parent-child relationship through an order for parent-child visitation and other contact, unless the court finds the relationship should be limited or restricted under RCW 26.09.191 or 26.09.192; and which may include decision making regarding the minor's health care, education, or other matter, or access to a record regarding the minor.
(5) An order granting a guardianship for a minor must state that each parent of the minor is entitled to notice that:
(a) The guardian has delegated custody of the minor subject to guardianship;
(b) The court has modified or limited the powers of the guardian; or
(c) The court has removed the guardian.
(6) An order granting a guardianship for a minor must identify any person in addition to a parent of the minor which is entitled to notice of the events listed in subsection (5) of this section.
(7) An order granting guardianship for a minor must direct the clerk of the court to issue letters of office to the guardian containing an expiration date which should be the minor's eighteenth birthday.
[ 2025 c 166 s 3; 2022 c 243 s 8; 2020 c 312 s 106; 2019 c 437 s 207.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Order of appointment—Priority of nominee—Limited guardianship for minor.


title: RCW 11.130.220

text:
(1) A standby guardian appointed under this section may act as guardian, with all duties and powers of a guardian under RCW 11.130.230 and 11.130.235, when no parent of the minor is willing or able to exercise the duties and powers granted to the guardian.
(2) A parent of a minor, in a signed record, may nominate a person to be appointed by the court as standby guardian for the minor. The parent, in a signed record, may state desired limitations on the powers to be granted the standby guardian. The parent, in a signed record, may revoke or amend the nomination at any time before the court appoints a standby guardian.
(3) The court may appoint a standby guardian for a minor on:
(a) Petition by a parent of the minor or a person nominated under subsection (2) of this section; and
(b) Finding that, within two years after the appointment, no parent of the minor likely will be able or willing to perform parenting functions as defined in RCW 26.09.004.
(4) A petition under subsection (3)(a) of this section must include the same information required under RCW 11.130.190 for the appointment of a guardian for a minor.
(5) On filing a petition under subsection (3)(a) of this section, the petitioner shall:
(a) Serve a copy of the petition personally on:
(i) The minor, if the minor is twelve years of age or older, and the minor's attorney, if any;
(ii) Each parent of the minor;
(iii) The person nominated as standby guardian; and
(iv) Any other person the court determines; and
(b) Include with the copy of the petition served under (a) of this subsection a statement of the right to request appointment of an attorney for the minor or to object to appointment of the standby guardian, and a description of the nature, purpose, and consequences of appointment of a standby guardian.
(6) The court may, upon a showing of good cause, order that the information concerning the reasons for the standby guardianship contained in the petition and all subsequently filed pleadings and evidence by any party not be served on the minor if the minor is unrepresented. A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record.
(7) A person entitled to notice under subsection (5) of this section, not later than sixty days after service of the petition and statement, may object to appointment of the standby guardian by filing an objection with the court and giving notice of the objection to each other person entitled to notice under subsection (5) of this section.
(8) If an objection is filed under subsection (7) of this section, the court shall hold a hearing to determine whether a standby guardian should be appointed and, if so, the person that should be appointed. If no objection is filed, the court may make the appointment.
(9) The court may not grant a petition for a standby guardian of the minor if notice substantially complying with subsection (5) of this section is not served on:
(a) The minor, if the minor is twelve years of age or older; and
(b) Each parent of the minor, unless the court finds by clear and convincing evidence that the parent, in a record, waived the right to notice or cannot be located and served with due diligence.
(10) If a petitioner is unable to serve notice under subsection (5) of this section on a parent of the minor or alleges that a parent of the minor waived the right to notice under this section, the court shall appoint a court visitor who shall:
(a) Interview the petitioner and the minor;
(b) If the petitioner alleges the parent cannot be located and served, ascertain whether the parent cannot be located with due diligence; and
(c) Investigate any other matter relating to the petition the court directs.
(11) If the court finds under subsection (3) of this section that a standby guardian should be appointed, the following rules apply:
(a) The court shall appoint the person nominated under subsection (2) of this section unless the court finds the appointment is contrary to the best interest of the minor.
(b) If the parents have nominated different persons to serve as standby guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that appointment of none of the nominees is in the best interest of the minor.
(12) An order appointing a standby guardian under this section must state that each parent of the minor is entitled to notice, and identify any other person entitled to notice, if:
(a) The standby guardian assumes the duties and powers of the guardian;
(b) The guardian delegates custody of the minor;
(c) The court modifies or limits the powers of the guardian; or
(d) The court removes the guardian.
(13) Before assuming the duties and powers of a guardian, a standby guardian must file with the court an acceptance of appointment as guardian and give notice of the acceptance to:
(a) Each parent of the minor, unless the parent, in a record, waived the right to notice or cannot be located and served with due diligence;
(b) The minor, if the minor is twelve years of age or older; and
(c) Any person, other than the parent, having care or custody of the minor.
(14) A person that receives notice under subsection (13) of this section or any other person interested in the welfare of the minor may file with the court an objection to the standby guardian's assumption of duties and powers of a guardian. The court shall hold a hearing if the objection supports a reasonable belief that the conditions for assumption of duties and powers have not been satisfied.
[ 2020 c 312 s 107; 2019 c 437 s 208.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Standby guardian for minor.


title: RCW 11.130.225

text:
(1) On its own, on motion when a guardianship petition is filed under RCW 11.130.190, or on petition by a person interested in a minor's welfare, including the minor, the court may appoint an emergency guardian for the minor if the court finds:
(a) Appointment of an emergency guardian is likely to prevent substantial harm to the minor's health, safety, or welfare; and
(b) No other person appears to have authority, ability, and the willingness to act to prevent substantial harm to the minor's health, safety, or welfare.
(2) The duration of authority of an emergency guardian for a minor may not exceed sixty days and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended once for not more than sixty days if the court finds that the conditions for appointment of an emergency guardian in subsection (1) of this section continue.
(3) Except as otherwise provided in subsection (4) of this section, reasonable notice of the date, time, and place of a hearing on a motion for or a petition for appointment of an emergency guardian for a minor must be given to:
(a) The minor, if the minor is twelve years of age or older;
(b) Any attorney appointed under RCW 11.130.200;
(c) Each parent of the minor;
(d) Any person, other than a parent, having care or custody of the minor; and
(e) Any other person the court determines.
(4) The court may appoint an emergency guardian for a minor without notice under subsection (3) of this section and a hearing only if the court finds from an affidavit or testimony that the minor's health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without notice to an unrepresented minor or the attorney for a represented minor, notice of the appointment must be given not later than forty-eight hours after the appointment to the individuals listed in subsection (3) of this section. Not later than five days after the appointment, the court shall hold a hearing on the appropriateness of the appointment.
(5) Appointment of an emergency guardian under this section, with or without notice, is not a determination that a basis exists for appointment of a guardian under RCW 11.130.185.
(6) The court may remove an emergency guardian appointed under this section at any time. The emergency guardian shall make any report the court requires.
(7) Notwithstanding subsection (2) of this section, the court may extend an emergency guardianship pending the outcome of a full hearing under RCW 11.130.190 or 11.130.220.
(8) If a petition for guardianship under RCW 11.130.215 is pending, or is subsequently filed after a petition under this section, the cases shall be linked or consolidated.
[ 2022 c 243 s 1; 2020 c 312 s 108; 2019 c 437 s 209.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Emergency guardian for minor.


title: RCW 11.130.230

text:
(1) A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare. A guardian shall act in the minor's best interest and exercise reasonable care, diligence, and prudence.
(2) A guardian for a minor shall:
(a) Be personally acquainted with the minor and maintain sufficient contact with the minor to know the minor's abilities, limitations, needs, opportunities, and physical and mental health;
(b) Take reasonable care of the minor's personal effects and bring a proceeding for a conservatorship or protective arrangement instead of conservatorship if necessary to protect other property of the minor;
(c) Expend funds of the minor which have been received by the guardian for the minor's current needs for support, care, education, health, safety, and welfare;
(d) Conserve any funds of the minor not expended under (c) of this subsection for the minor's future needs, but if a conservator is appointed for the minor, pay the funds at least quarterly to the conservator to be conserved for the minor's future needs;
(e) Report the condition of the minor and account for funds and other property of the minor in the guardian's possession or subject to the guardian's control, if ordered by the court on its own motion or on application of a person interested in the minor's welfare;
(f) Inform the court of any change in the minor's dwelling or address; and
(g) In determining what is in the minor's best interest, take into account the minor's preferences to the extent actually known or reasonably ascertainable by the guardian.
[ 2020 c 312 s 109; 2019 c 437 s 210.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Duties of guardian for minor.


title: RCW 11.130.235

text:
(1) Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor's support, care, education, health, safety, and welfare.
(2) Except as otherwise limited by court order, a guardian for a minor may:
(a) Apply for and receive funds and benefits otherwise payable for the support of the minor to the minor's parent, guardian, or custodian under a statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;
(b) Unless inconsistent with a court order entitled to recognition in this state, take custody of the minor and establish the minor's place of dwelling in this state and, after following the process in RCW 26.09.405 through 26.09.560 and on authorization of the court, establish or move the minor's dwelling outside this state;
(c) If the minor is not subject to conservatorship, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the minor, pay child support, or make other payments for the benefit of the minor;
(d) Consent to health or other care, treatment, or service for the minor; or
(e) To the extent reasonable, delegate to the minor responsibility for a decision affecting the minor's well-being.
(3) The court may authorize a guardian for a minor to consent to the adoption of the minor if the minor does not have a parent.
[ 2019 c 437 s 211.]

catchline: Powers of guardian for minor.


title: RCW 11.130.240

text:
(1) Guardianship under this chapter for a minor terminates:
(a) On the minor's death, adoption, emancipation, or attainment of majority; or
(b) When the court finds that the basis in RCW 11.130.185 for appointment of a guardian no longer exists, unless the court finds that:
(i) Termination of the guardianship would be harmful to the minor; and
(ii) The minor's interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor.
(2) A minor subject to guardianship or a person interested in the welfare of the minor, including a parent, may petition the court to terminate the guardianship, modify the guardianship, remove the guardian and appoint a successor guardian, or remove a standby guardian and appoint a different standby guardian.
(3) A petitioner under subsection (2) of this section shall give notice of the hearing on the petition to the minor, if the minor is twelve years of age or older and is not the petitioner, the guardian, each parent of the minor, and any other person the court determines.
(4) The court shall follow the priorities in RCW 11.130.215(2) when selecting a successor guardian for a minor.
(5) Not later than thirty days after appointment of a successor guardian for a minor, the court shall give notice of the appointment to the minor subject to guardianship, if the minor is twelve years of age or older, each parent of the minor, and any other person the court determines.
(6) When terminating a guardianship for a minor under this section, the court may issue an order providing for transitional arrangements that will assist the minor with a transition of custody and is in the best interest of the minor.
(7) A guardian for a minor that is removed shall cooperate with a successor guardian to facilitate transition of the guardian's responsibilities and protect the best interest of the minor.
[ 2020 c 312 s 110; 2019 c 437 s 212.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Removal of guardian for minor—Termination of guardianship—Appointment of successor.


title: RCW 11.130.245

text:
(1) This chapter does not affect the validity of any court order issued under chapter 26.10 RCW prior to the repeal of chapter 26.10 RCW. Orders issued under chapter 26.10 RCW prior to the repeal of chapter 26.10 RCW, remain in effect and do not need to be reissued in a new order under this chapter.
(2) All orders issued under chapter 26.10 RCW prior to the effective date of chapter 437, Laws of 2019 remain operative after the effective date of chapter 437, Laws of 2019. After the effective date of chapter 437, Laws of 2019, if an order issued under chapter 26.10 RCW is modified, the modification is subject to the requirements of this chapter.
[ 2021 c 65 s 105; 2020 c 312 s 111; 2019 c 437 s 213.]
Notes:
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: Prior court order validity.


title: RCW 11.130.250

text:
(1) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in RCW 13.38.040. If the child is an Indian child, chapter 13.38 RCW shall apply.
(2) Every order or decree entered in any proceeding under this chapter shall contain a finding that the federal Indian child welfare act or chapter 13.38 RCW does or does not apply. Where there is a finding that the federal Indian child welfare act or chapter 13.38 RCW does apply, the decree or order must also contain a finding that all notice, evidentiary requirements, and placement preferences under the federal Indian child welfare act and chapter 13.38 RCW have been satisfied.
[ 2020 c 312 s 113; 2019 c 437 s 214.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Application of the Indian child welfare act.


title: RCW 11.130.255

text:
In entering or modifying an order under this chapter, the court may order one or more parents of the child to pay an amount reasonable or necessary for the child's support pursuant to chapter 26.19 RCW.
[ 2019 c 437 s 215.]

catchline: Child support.


title: RCW 11.130.257

text:
(1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.
(2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining another party from:
(a) Molesting or disturbing the peace of the other party or of any child;
(b) Entering the family home or the home of the other party upon a showing of the necessity therefor;
(c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and
(d) Removing a child from the jurisdiction of the court.
(3) Either party may request a domestic violence protection order or an antiharassment protection order under chapter 7.105 RCW on a temporary basis by filing an appropriate separate civil cause of action. The petitioner shall inform the court of the existence of the action under this title. The court shall set all future protection hearings on the guardianship calendar to be heard concurrent with the action under this title and the clerk shall relate the cases in the case management system. The court may grant any of the relief provided in RCW 7.105.310 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.
(4) In issuing the order, the court shall consider the provisions of RCW 9.41.800, and shall order the respondent to surrender, and prohibit the respondent from possessing, all firearms, dangerous weapons, and any concealed pistol license as required in RCW 9.41.800. Such orders may only be made in the civil protection case related to the action under this title.
(5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.
(7) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when the motion is dismissed;
(d) May be entered in a proceeding for the modification of an existing order.
(8) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.
[ 2021 c 215 s 125; 2020 c 312 s 112.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Temporary support, restraining, and protective orders—Effect—Support debts to state.


title: RCW 11.130.259

text:
Any order for the relocation of a minor under a guardianship must comply with the notice requirements of RCW 26.09.430 through 26.09.490.
[ 2020 c 312 s 122.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Order for relocation.


title: RCW 11.130.260

text:
(1) In entering or modifying a custody order under this chapter, the court must require one or more parents to maintain or provide health insurance coverage for any dependent child if the following conditions are met:
(a) Health insurance that can be extended to cover the child is available to that parent through an employer or other organization; and
(b) The employer or other organization offering health insurance will contribute all or a part of the premium for coverage of the child.
(2) A parent who is required to extend insurance coverage to a child under this section is liable for any covered health care costs for which the parent receives direct payment from an insurer.
(3) This section may not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums which are in addition to and not inconsistent with this section. "Health insurance" as used in this section does not include medical assistance provided under chapter 74.09 RCW.
[ 2019 c 437 s 216.]

catchline: Health insurance coverage—Conditions.


title: RCW 11.130.265

text:
(1) On petition and after notice and hearing, the court may:
(a) Appoint a guardian for an adult if the court finds by clear and convincing evidence that:
(i) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making;
(ii) Appointment is necessary to prevent significant risk of harm to the adult respondent's physical health, safety, or self-care; and
(iii) The respondent's identified needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative; or
(b) With appropriate findings, treat the petition as one for a conservatorship under Article 4 of this chapter or protective arrangement under Article 5 of this chapter, issue any appropriate order, or dismiss the proceeding.
(2) The court shall grant a guardian appointed under subsection (1) of this section only those powers necessitated by the demonstrated needs and limitations of the respondent and issue orders that will encourage development of the respondent's maximum self-determination and independence. The court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship, or other less restrictive alternative would meet the needs of the respondent.
(3) A determination by the court that a basis exists under subsection (1) of this section for the appointment of a guardian and on the issue of the rights that will be retained or restricted by the appointment of a guardian is a legal decision, not a medical decision. The determination must be based on a demonstration of management insufficiencies over time in the area of physical health, safety, or self-care. Age, eccentricity, poverty, or medical diagnosis alone are not sufficient basis under subsection (1) of this section to justify a determination that a guardian should be appointed for the respondent.
[ 2020 c 312 s 308; 2019 c 437 s 301.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Basis for appointment of guardian for adult.


title: RCW 11.130.270

text:
(1) A person interested in an adult's welfare, including the adult for whom the order is sought, may petition for appointment of a guardian for the adult.
(2) A person interested in the welfare of a minor who, within 45 days of the filing of the petition, will attain the age of majority, may petition for appointment of a guardian for the minor. The minor may petition on the minor's own behalf.
(3) A petition under subsection (1) or (2) of this section must state the petitioner's name, principal residence, current street address, if different, relationship to the respondent, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following:
(a) The respondent's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted;
(b) The name and address of the respondent's:
(i) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the 12-month period immediately before the filing of the petition;
(ii) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence;
(iii) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the petition; and
(iv) Parents, if living and involved in the respondent's life;
(c) The name and current address of each of the following, if applicable:
(i) A person responsible for care of the respondent;
(ii) Any attorney currently representing the respondent;
(iii) Any representative payee appointed by the social security administration for the respondent;
(iv) A guardian or conservator acting for the respondent in this state or in another jurisdiction;
(v) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
(vi) Any fiduciary for the respondent appointed by the department of veterans affairs;
(vii) An agent designated under a power of attorney for health care in which the respondent is identified as the principal;
(viii) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;
(ix) A person nominated as guardian by the respondent;
(x) A person nominated as guardian by the respondent's parent or spouse or domestic partner in a will or other signed record;
(xi) A proposed guardian and the reason the proposed guardian should be selected; and
(xii) A person known to have routinely assisted the respondent with decision making during the six months immediately before the filing of the petition;
(d) The reason a guardianship is necessary, including a brief description of:
(i) The nature and extent of the respondent's alleged need;
(ii) Any protective arrangement instead of guardianship or other less restrictive alternatives for meeting the respondent's alleged need which have been considered or implemented;
(iii) If no protective arrangement instead of guardianship or other less restrictive alternatives have been considered or implemented, the reason they have not been considered or implemented; and
(iv) The reason a protective arrangement instead of guardianship or other less restrictive alternative is insufficient to meet the respondent's alleged need;
(e) Whether the petitioner seeks a limited guardianship or full guardianship;
(f) If the petitioner seeks a full guardianship, the reason a limited guardianship or protective arrangement instead of guardianship is not appropriate;
(g) If a limited guardianship is requested, the powers to be granted to the guardian;
(h) The name and current address, if known, of any person with whom the petitioner seeks to limit the respondent's contact;
(i) If the respondent has property other than personal effects, a general statement of the respondent's property, with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts; and
(j) Whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings.
[ 2024 c 267 s 3; 2019 c 437 s 302.]

catchline: Petition for appointment of guardian for adult.


title: RCW 11.130.275

text:
(1) All petitions filed under RCW 11.130.270 for appointment of a guardian for an adult shall be heard within 60 days unless an extension of time is requested by a party or the court visitor within such 60-day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing date.
(2)(a) A copy of a petition under RCW 11.130.270 and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.280 not more than five court days after the petition under RCW 11.130.270 has been filed.
(b) Notice under this subsection shall include a clear and easily readable statement of the legal rights of the respondent that could be restricted or transferred to a guardian by a guardianship order as well as the right to counsel of choice and to a jury trial on whether a basis exists under RCW 11.130.265 for the appointment of a guardian and the issue of the respondent's rights that will be retained or restricted if a guardian is appointed. Such notice must be in substantially the same form as set forth in RCW 11.130.657 and must be double-spaced and in a type size not smaller than 16 point font. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent.
(3) In a proceeding on a petition under RCW 11.130.270, the notice required under subsection (2) of this section must be given to the persons required to be listed in the petition under RCW 11.130.270(3) (a) through (c) and any other notice party. Failure to give notice under this subsection does not preclude the court from appointing a guardian.
(4) After the appointment of a guardian, notice of a hearing on a petition for an order under this article, together with a copy of the petition, must be given to:
(a) The adult subject to guardianship;
(b) The guardian; and
(c) Any other notice party or person the court determines pursuant to RCW 11.130.310(5) or a subsequent court order.
[ 2026 c 177 s 1; 2020 c 312 s 201; 2019 c 437 s 303.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Notice of hearing for appointment of guardian for adult.


title: RCW 11.130.280

text:
(1) On receipt of a petition under RCW 11.130.270 for appointment of a guardian for an adult, the court shall appoint a court visitor. The court visitor must be an individual with training or experience in the type of abilities, limitations, and needs alleged in the petition.
(2) The court, in the order appointing a court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may charge without additional court review and approval. The fee shall be charged to the person subject to a guardianship or conservatorship proceeding unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That the court may charge such fee to the petitioner, the person subject to a guardianship or conservatorship proceeding, or any person who has appeared in the action; or may allocate the fee, as it deems just. If the petition is found to be frivolous or not brought in good faith, the court visitor fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.
(3)(a) The court visitor appointed under subsection (1) of this section shall within five days of receipt of notice of appointment file with the court and serve, either personally or by first-class mail, the respondent or his or her legal counsel, the petitioner or his or her legal counsel, and any interested party entitled to notice under RCW 11.130.080 with a statement including: His or her training relating to the duties as a court visitor; his or her criminal history as defined in RCW 9.94A.030 for the period covering 10 years prior to the appointment; his or her hourly rate, if compensated; whether the court visitor has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the court visitor's statement, any party may set a hearing and file and serve a motion for an order to show cause why the court visitor should not be removed for one of the following three reasons:
(i) Lack of expertise necessary for the proceeding;
(ii) An hourly rate higher than what is reasonable for the particular proceeding; or
(iii) A conflict of interest.
(b) Notice of the hearing shall be provided to the court visitor and all parties. If, after a hearing, the court enters an order replacing the court visitor, findings shall be included, expressly stating the reasons for the removal. If the court visitor is not removed, the court has the authority to assess to the moving party attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.
(4) A court visitor appointed under subsection (1) of this section shall interview the respondent in person and, in a manner the respondent is best able to understand:
(a) Explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing on the petition, the right to counsel of choice and to a jury trial, and the general powers and duties of a guardian;
(b) Determine whether the respondent would like to request the appointment of an attorney, and determine the respondent's views about the appointment sought by the petitioner, including views about a proposed guardian, the guardian's proposed powers and duties, and the scope and duration of the proposed guardianship; and
(c) Inform the respondent that all costs and expenses of the proceeding, including the respondent's attorney's fees, may be paid from the respondent's assets.
(5) If the respondent objects to the petition or requests appointment of an attorney, the court visitor shall petition the court to have an attorney appointed within five days of meeting the respondent.
(6) The court visitor appointed under subsection (1) of this section shall:
(a) Interview the petitioner and proposed guardian, if any;
(b) Visit the respondent's present dwelling and any dwelling in which it is reasonably believed the respondent will live if the appointment is made;
(c) Obtain information from any physician or other person known to have treated, advised, or assessed the respondent's relevant physical or mental condition; and
(d) Investigate the allegations in the petition and any other matter relating to the petition the court directs.
(7) A court visitor appointed under subsection (1) of this section shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.080 at least 15 days prior to the hearing on the petition filed under RCW 11.130.270, which must include:
(a) A summary of self-care and independent living tasks the respondent can manage without assistance or with existing supports, could manage with the assistance of appropriate supportive services, technological assistance, or supported decision making, and cannot manage;
(b) A recommendation regarding the appropriateness of guardianship, including whether a protective arrangement instead of guardianship or other less restrictive alternative for meeting the respondent's needs is available and:
(i) If a guardianship is recommended, whether it should be full or limited; and
(ii) If a limited guardianship is recommended, the powers to be granted to the guardian;
(c) A statement of the qualifications of the proposed guardian and whether the respondent approves or disapproves of the proposed guardian;
(d) A statement whether the proposed dwelling meets the respondent's needs and whether the respondent has expressed a preference as to residence;
(e) A statement whether the respondent declined a professional evaluation under RCW 11.130.290 and what other information is available to determine the respondent's needs and abilities without the professional evaluation;
(f) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;
(g) A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate; and
(h) Any other matter the court directs.
(8) The appointment of a court visitor has no effect on the determination of the adult respondent's legal capacity and does not overcome the presumption of legal capacity or full legal and civil rights of the adult respondent.
[ 2026 c 177 s 2; 2024 c 267 s 4; 2020 c 312 s 309; 2019 c 437 s 304.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Appointment and role of court visitor.


title: RCW 11.130.285

text:
(1)(a) The respondent shall have the right to be represented by a willing attorney of their choosing at any stage in guardianship proceedings. Any attorney purporting to represent a respondent or person subject to guardianship shall petition the court to be appointed to represent the respondent or person subject to guardianship.
(b) Unless the respondent in a proceeding for appointment of a guardian for an adult is represented by an attorney, the court must appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, when:
(i) The respondent objects to the petition or requests appointment of an attorney to the court visitor; or
(ii) In the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented.
(c) If an attorney is appointed for the respondent pursuant to (b) of this subsection, the attorney shall be appointed at public expense if:
(i) The respondent is unable to afford an attorney;
(ii) The expense of an attorney would result in substantial hardship to the respondent; or
(iii) The respondent does not have practical access to funds with which to pay an attorney. If the respondent can afford an attorney but lacks practical access to funds, the court must provide an attorney and may impose a reimbursement requirement as part of a final order.
(d) If the respondent objects to the petition or requests appointment of an attorney, the court visitor, under the requirements of RCW 11.130.280(5), shall petition the court to have an attorney appointed within five days of meeting the respondent.
(e) An attorney must be provided under (b) of this subsection as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks is presumed by a reviewing court to be inadequate time for consultation and preparation.
(2) An attorney representing the respondent in a proceeding for appointment of a guardian for an adult shall:
(a) Make reasonable efforts to ascertain the respondent's wishes;
(b) Advocate for the respondent's wishes to the extent reasonably ascertainable; and
(c) If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive in type, duration, and scope, consistent with the respondent's interests.
[ 2026 c 177 s 3; 2020 c 312 s 202; 2019 c 437 s 305.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Appointment and role of attorney for adult.


title: RCW 11.130.290

text:
(1) On receipt of a petition under RCW 11.130.270 and at the time the court appoints a court visitor under RCW 11.130.280, 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, educational 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 11.130.275 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 203; 2019 c 437 s 306.]
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 11.130.290
Professional evaluation. (Effective June 30, 2027.)
(1) On receipt of a petition under RCW 11.130.270 and at the time the court appoints a court visitor under RCW 11.130.280, 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, educational 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 11.130.275 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 5067; 2020 c 312 s 203; 2019 c 437 s 306.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective dates—2020 c 312: See note following RCW 11.130.915.

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


title: RCW 11.130.295

text:
(1) Except as otherwise provided in subsection (2) of this section, a hearing under RCW 11.130.275 may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology.
(2) A hearing under RCW 11.130.275 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; or
(b) There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance.
(3) The respondent may be assisted in a hearing under RCW 11.130.275 by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
(4) The respondent has a right to choose an attorney to represent the respondent at a hearing under RCW 11.130.275.
(5) At a hearing held under RCW 11.130.275, the respondent may:
(a) Present evidence and subpoena witnesses and documents;
(b) Examine witnesses, including any court-appointed evaluator and the court visitor; and
(c) Otherwise participate in the hearing.
(6) Unless excused by the court for good cause, a proposed guardian shall attend a hearing under RCW 11.130.275.
(7) A hearing under RCW 11.130.275 must be closed on request of the respondent and a showing of good cause.
(8) Any person may request to participate in a hearing under RCW 11.130.275. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
[ 2020 c 312 s 314; 2019 c 437 s 307.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Attendance and rights at hearing.


title: RCW 11.130.300

text:
(1) The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the record after:
(a) The respondent or individual subject to guardianship requests the record be sealed; and
(b) Either:
(i) The petition for guardianship is dismissed; or
(ii) The guardianship is terminated.
(2) An adult subject to a proceeding for a guardianship, whether or not a guardian is appointed, an attorney designated by the adult, and a person entitled to notice under RCW 11.130.310(5) or a subsequent order are entitled to access court records of the proceeding and resulting guardianship, including the guardian's plan under RCW 11.130.340 and report under RCW 11.130.345. A person not otherwise entitled to access court records under this subsection for good cause may petition the court for access to court records of the guardianship, including the guardian's report and plan. The court shall grant access if access is in the best interest of the respondent or adult subject to guardianship or furthers the public interest and does not endanger the welfare or financial interests of the adult.
(3) A report under RCW 11.130.280 of a visitor or a professional evaluation under RCW 11.130.290 is confidential and must be sealed on filing, but is available to:
(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 and conservators and their attorneys, for purposes of the proceeding;
(d) Unless the court orders otherwise, an agent appointed under a power of attorney for health care or power of attorney for finances in which the respondent is the principal; and
(e) Any other person if it is in the public interest or for a purpose the court orders for good cause.
[ 2026 c 177 s 4; 2019 c 437 s 308.]

catchline: Confidentiality of records.


title: RCW 11.130.305

text:
(1) Except as otherwise provided in subsection (3) of this section, the court in appointing a guardian for an adult shall consider persons qualified to be guardian in the following order of priority:
(a) A guardian, other than a temporary or emergency guardian, currently acting for the respondent in another jurisdiction;
(b) A person nominated as guardian by the respondent, including the respondent's most recent nomination made in a power of attorney;
(c) An agent appointed by the respondent under a power of attorney for health care;
(d) A spouse or domestic partner of the respondent;
(e) A relative or other individual who has shown special care and concern for the respondent; and
(f) A certified professional guardian or conservator.
(2) If two or more persons have equal priority under subsection (1) of this section, the court shall select as guardian the person the court considers best qualified. In determining the best qualified person, the court shall consider the person's relationship with the respondent, the person's skills, the expressed wishes of the respondent, the extent to which the person and the respondent have similar values and preferences, and the likelihood the person will be able to perform the duties of a guardian successfully.
(3) The court, acting in the best interest of the respondent, may decline to appoint as guardian a person having priority under subsection (1) of this section and appoint a person having a lower priority or no priority.
(4) A person that provides paid services to the respondent, or an individual who is employed by a person that provides paid services to the respondent or is the spouse, domestic partner, parent, or child of an individual who provides or is employed to provide paid services to the respondent, may not be appointed as guardian unless:
(a) The individual is related to the respondent by blood, marriage, or adoption; or
(b) The court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent.
(5) An owner, operator, or employee of a long-term care facility at which the respondent is receiving care may not be appointed as guardian unless the owner, operator, or employee is related to the respondent by blood, marriage, or adoption.
[ 2019 c 437 s 309.]

catchline: Who may be guardian for adult—Order of priority.