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

[Eric Nelsen]

As I look at this further, I wonder if jurisdiction isn't still appropriate here. There is a disjunct between jurisdiction under RCW 11.90 and venue under RCW 11.88.010(3). Venue is required to be in county of domicile, and yet under RCW 11.90 there are many scenarios where Washington can exercise jurisdiction despite domicile not being in Washington.

I think I'd be willing to set venue in county of the father's last Washington residence, and allege that's domicile since he's not happy at the Idaho facility and keeps talking about wanting to move back. Father has many significant connections with Washington because virtually all his property is still here; it's just that he's in a facility in another state.

(Domicile = residence with intent to remain; Residence = place where one currently lives, such that a person can have several residences but only one domicile)

Also, if I bring the petition as to guardianship of the estate only, I wonder how that would change the court's considerations.

I see that Ch. 11.90 was only enacted in 2009, and I don't see any case law on it yet. Anyone know any more about venue problems in this kind of circumstance?

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: Eric Nelsen
Sent: Friday, June 26, 2015 3:34 PM
To: 'WSBA Probate & Trust Listserv'
Subject: RE: [WSBAPT] DPOA child restricting sibling's access to parent

Thanks Jim! Wow, Ch. 11.90 RCW--a whole chapter of statutes I hadn't reviewed. No wonder I couldn't find any statute on jurisdiction in Ch. 11.88.

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> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of James B. Dolan
Sent: Friday, June 26, 2015 3:11 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] DPOA child restricting sibling's access to parent

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

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

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www.jbdolan.com<http://www.jbdolan.com>
www.jonesbutlerdolan.com<http://www.jonesbutlerdolan.com>

Mount Vernon

P.O. Box 2784
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Mount Vernon, WA 98273
Telephone: 360-336-2939
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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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> [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<mailto: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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