[WSBAPT] Procedure re: appointment of Guardian ad Litem

Nicholas Pleasants nick at pleasantslaw.com
Fri Jul 14 11:31:25 PDT 2017


I’ve included a request for GAL in the initial Petition. Then in the Order Admitting Will etc., I add a finding and order for GAL:
Finding: 2.7        Guardian ad Litem.                                                                                          is a minor child of the decedent.  Good cause exists and Petitioner has requested that a guardian ad litem be appointed to represent                                                                                       in these proceedings.

Order: 3.7            Guardian ad Litem.                                                                                          is appointed guardian ad litem for                                                                                 , the minor child of decedent, for the purpose of representation of said minor child in the probate, to receive any notices required to be sent to the minor child, and to take any action that he or she deems appropriate on behalf of the minor child within the probate.  Cost of the guardian ad litem shall be borne by the estate, subject to review and approval by the court.  Guardian ad litem hourly rate shall not exceed $__________ and guardian ad litem fee shall not exceed _______ hours of service without further court approval.
This has worked in King County. The Commissioner just assigns the next probate GAL off the registry.

Best,

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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From: Jon Fritzler [mailto:fritzlerlaw at outlook.com]
Sent: Thursday, July 13, 2017 2:29 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Procedure re: appointment of Guardian ad Litem

I haven’t needed to do this before. What is the procedure to have a guardian ad litem appointed for an incapacitated beneficiary of an estate? I represent the Personal Representative. Do I file a motion with the court and give notice to the beneficiary? Is this governed by TEDRA? Does the court choose the GAL?  This is in Clark County if it matters.

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
E-mail fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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