[WSBAPT] Off-topic Assistance: Guardianship of Incapacitated Adult w/Developmental Disability

Tue Jun 7 10:57:17 PDT 2016

Marcus,

Brilliantly simple and straight-forward. I love it. Thank you very much for
your advice and I think I will do exactly what you suggest.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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On Mon, Jun 6, 2016 at 5:03 PM, Marcus Fry <mfry at lyon-law.com> wrote:

> It appears that your clients’ letters are up for reissuance?  If so,
> assuming the IP doesn’t have any money, I would set a hearing to renew the
> letters of guardianship disclosing lack of money for IP and issues with
> formal proceedings.  If the judge wants to reevaluate capacity, I would
> tell the Court that a GAL needs to be appointed at county expense (happens
> in the majority of counties) to investigate the continued appropriateness
> of the guardianship and provide recommendations whether the IP should
> attend the hearing or not on the reissuance of letters.  This way you avoid
> the expense of the GAL and also potentially avoid the issue of the IP
> appearing at court if it will impact his mental health.
>
>
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *David Faber
> *Sent:* Monday, June 06, 2016 3:21 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Off-topic Assistance: Guardianship of
> Incapacitated Adult w/Developmental Disability
>
>
>
> Marcus,
>
>
>
> Thank you for your reply. Unfortunately, while your position makes sense
> re: keeping the originating county, I have already had a motion to change
> venue approved and the venue has already been transferred. The receiving
> venue is not asking for a hearing to confirm the change of venue but will,
> according to the clerk, likely require a hearing to reconfirm the
> guardianship because "the judge wants to put his eyes on the incapacitated
> person and have an opportunity to ask them questions."
>
>
>
> Any further thoughts given that venue has already been changed?
>
>
> Best,
>
> David J. Faber
>
> Faber Feinson PLLC
>
> 210 Polk Street, Suite 1
>
> Port Townsend, WA 98368
> (360) 379-4110
>
>
>
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
> This communication may contain privileged or other confidential
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> you have received this communication in error, please do not print,
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>
> On Mon, Jun 6, 2016 at 3:12 PM, Marcus Fry <mfry at lyon-law.com> wrote:
>
> Don’t change counties.  I wouldn’t.  Is there a bit of headache with
> sending paperwork to another county? Yes, but it appears that a new
> headache is being created.  If you want to pursue changing counties, why
> don’t you have the transferring county authorize change of venue.  I have
> never heard of the “receiving court” having a hearing to accept the change
> of venue. Your judge may be confusing your case with a transfer of a
> guardianship from out of state.  Further, I would not prepare an ex parte
> order for the receiving court to sign off on.  There isn’t a need to do
> that.  But again, given the current situation, I would leave the case in
> the other county.
>
>
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
>
> P.O. Box 1689
> Yakima, Washington  98907
> Telephone:  (509) 248-7220
> Facsimile:  (509) 575-1883
>
>
>
> *Confidentiality: *This e-mail transmission may contain information which
> is protected by attorney-client, work product and/or other privileges.  If
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *David Faber
> *Sent:* Monday, June 06, 2016 2:57 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* [WSBAPT] Off-topic Assistance: Guardianship of Incapacitated
> Adult w/Developmental Disability
>
>
>
> I am working with a married couple who has a lay guardianship over their
> autistic son. When I agreed to take this case, I did so on two bases: (1) I
> have a personal relationship with the clients and they specifically wanted
> me to help them and (2) they already have an established guardianship in
> another county, so I figured that renewing the guardianship would be as
> easy as changing venue to Jefferson County and asking for an *ex parte* order
> from the judge reaffirming the guardianship/letters (which is all that
> would be required had the guardianship already existed in Jefferson
> County). Had that been the extent of it, I would be quite comfortable right
> now. Unfortunately, our local judge apparently likes to hold a full-blown
> hearing on an adult guardianship subject to a change of venue, even where
> the guardianship has already been proven in another Washington court. The
> guardians paid to have a guardian *ad litem* appointed the first time,
> but they're trying to avoid unnecessary costs at this point in time so they
> don't want to do it again. The problem being that the incapacitated person
> reacts quite negatively to discussion of his incapacity, which suggests
> that hauling him into court would be unproductive and/or potentially
> disastrous.
>
>
>
> Is there a rule or case law that I haven't seen that states a guardianship
> subject to a change of venue has to have a full-blown hearing before it is
> reaffirmed? Does anyone have any bright ideas of how to (a) save the
> clients the cash of hiring a GAL and (b) prevent us from having to have a
> full hearing that might cause more problems than it solves?
>
>
>
> Thank you.
>
>
>
> Best,
>
> David J. Faber
>
> Faber Feinson PLLC
>
> 210 Polk Street, Suite 1
>
> Port Townsend, WA 98368
> (360) 379-4110
>
>
>
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
> This communication may contain privileged or other confidential
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