[WSBAPT] DPOA child restricting sibling's access to parent

Fri Jun 26 15:11:23 PDT 2015

Eric:

I don't think that will work - see RCW 11.88.010 (3) Venue for petitions for
guardianship or limited guardianship shall lie in the county wherein the
alleged incapacitated person is domiciled, or if such person resides in a
facility supported in whole or in part by local, state, or federal funding
sources, in either the county where the facility is located, the county of
domicile prior to residence in the supported facility, or the county where a
parent or spouse or domestic partner of the alleged incapacitated person is
domiciled.

If the alleged incapacitated person's residency has changed within one year
of the filing of the petition, any interested person may move for a change
of venue for any proceedings seeking the appointment of a guardian or a
limited guardian under this chapter to the county of the alleged
incapacitated person's last place of residence of one year or more. The
motion shall be granted when it appears to the court that such venue would
be in the best interests of the alleged incapacitated person and would
promote more complete consideration of all relevant matters.

Washington and Idaho are signatories to the Uniform Guardianship Protective
Proceedings and Jurisdiction Act - check out RCW 11.90 and link to the
following:

http://www.uniformlaws.org/Act.aspx?title=Adult+Guardianship+and+Protective+
Proceedings+Jurisdiction+Act

Is it possible that your client might be able to find counsel to start a
guardianship proceeding in Idaho and move the father back to Washington at
some point during the proceedings or after Guardianship is established?
(Just thinking out loud.)

Jim Dolan

===================

Jones Butler Dolan, PS

www.jbdolan.com

www.jonesbutlerdolan.com

Mount Vernon

P.O. Box 2784

720 South Main Street

Suite 233

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

Stanwood

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, June 26, 2015 2:42 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] DPOA child restricting sibling's access to parent

All--follow up question, regarding jurisdiction for a Guardianship action.

If the father, who lived in Washington for his whole life until moved to a
care facility in Idaho, is visiting in the State, is it possible to obtain
jurisdiction over him for purposes of a Guardianship action? Then if he goes
back to Idaho before a Guardianship is imposed, can the court's judgment be
enforced?

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, June 22, 2015 10:53 AM
To: WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com)
Subject: [WSBAPT] DPOA child restricting sibling's access to parent

This is in eastern Washington, farm country. Client's mother died last year;
father survives but has mild dementia (short-term memory problems but
generally healthy and able to care for himself, though not handle financial
matters and can't maintain the family farm by himself any more). Client has
3 siblings, one of which is DPOA for Dad.

The DPOA has moved Dad from the parents' Washington farm to a 'care home' in
Idaho that actually sounds like somebody's house, where they keep Dad and
another individual in a small room on twin beds. DPOA has given the
caregiver complete authority to exclude client from the house, restrict
phone call access, etc. (Meanwhile, other possible financial shenanigans,
but that's not the point of this post.)

Please assume Dad wants to be able to see client, and can articulate that,
but the caregiver consistently interferes, with DPOA's full knowledge and
approval.

Any thoughts on how to proceed in this situation? Two issues:

1. How to challenge DPOA's authority to restrict access to the parent (and
delegation of authority to the caregiver)?

2. Jurisdictional problems--moved Dad to Idaho, though domicile is/was
Washington.

If it has to come to legal action, I'm considering Vulnerable Adult petition
for Protection Order under RCW 74.34.110, and petition re DPOA under RCW
11.94.090. But this restricted-access issue seems a little different from
straight financial exploitation or obvious, physical abuse/neglect.

Many thanks for your thoughts!

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

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