[WSBAPT] Procedure re: appointment of Guardian ad Litem

[Donna Calf Robe]

Jon,
If you don’t include the request in the initial petition, you can file a separate petition after the appointment of the PR.  You don’t need to use the GAL registry.  You can request a specific attorney serve as the PGAL. I usually ask someone to serve that has experience in probates. I have been able to get a PGAL appointed in King County, ex parte via the clerk’s office to avoid a hearing.  I’ve done this for a minor.  If the heir/beneficiary needing the PGAL is allegedly incapacitated and not under guardianship, then I’d probably do it with a hearing and provide them with notice.  It’s not governed by TEDRA.

Donna

Donna M. Calf Robe
Attorney at Law
Brothers Henderson Dussault, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail:  donnac at bhdlaw.com<mailto:donnac at bhdlaw.com>
www.bhdlaw.com<http://www.bhdlaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Nicholas Pleasants
Sent: Friday, July 14, 2017 11:31 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Procedure re: appointment of Guardian ad Litem

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<mailto: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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