[WSBAPT] Emrgency action pending Guardianship approval

[Deborah Jameson]

Why not expedite the guardianship process?  If you are able to get a medical report quickly and the GAL can conduct his/her investigation in a timely manner, it will not take 45 days.  The hearing can be held (depending on local rules) in as short a time as 10 days.

Deborah Jameson
Neil & Neil, P.S.
5302 Pacific Avenue
Tacoma, WA  98408
253-475-8600
253-473-5746 FAX

If your matter is urgent, please call my office.  Also, this message is not encrypted and it may not be secure or protected by attorney-client privilege.


On Sep 20, 2015, at 4:18 PM, Marcus Fry <mfry at lyon-law.com> wrote:

Tom:
See RCW 11.88.090 (8) and (9).  In my experience, courts have regularly agree to construe (9) to grant temporary relief under 7.40 for emergency medical decision making even if not life saving.  You can have a temp guardian do it instead of the GAL, but I always have the temp guardian take and pass the guardianship certification first.
 
Marcus J. Fry
Lyon, Weigand & Gustafson, P.S. 
Adoption Attorney*
P.O. Box 1689 
Yakima, Washington  98907 
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Katharine P. Bauer
Sent: Sunday, September 20, 2015 4:05 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Emrgency action pending Guardianship approval
 
Put the requests in the petition for gal and guardianship... Short term powers for gal

On Sep 20, 2015 2:37 PM, "Tom J. Westbrook" <tjw at w3net.net> wrote:
Greetings and GO HAWKS!
 
AIP suffered brain aneurism and stroke; can’t communicate and prognosis is no short term recovery. Family members can’t find a DPOA or any other directive for medical or financial authority in this situation. Spouse is unavailable to act. There are other family members that can qualify as Guardian. Seems the only option here is to file Guardianship petition, but need to get some immediate authority for proposed Guardian as to protection of assets and to get access to safe deposit boxes, open safe in residence, etc., to search for any possible DPOA, Trust, Will or other documents that may be helpful. But waiting 45 days is not a good option in this case.
 
Is there some emergency procedure we can use to get court authority to proposed Guardian to take those actions other than relief under RCW 7.40 for injunctions and restraining orders?
 
Sincerely,
 
Tom
 
Thomas J. Westbrook
Attorney at Law
 
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Rodgers, Kee & Card
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Olympia, Washington  98502
 
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