[WSBAPT] Appoint GAL for Standby Guardian

[Brink, Kerry]

So - the GALs reviewing a standby guardian don't need the medical report and to opine on whether a guardianship is necessary - only on whether the standby guardian is appropriate to be appointed guardian?

Best regards,

Kerry Brink
Kerry E. Brink * Attorney

Estate Planning, Probate, Elder Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kristin Reeder
Sent: Friday, March 24, 2017 11:05 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Appoint GAL for Standby Guardian

The way it was explained to me was that although the Guardian nominated the standby, and had already filed the standby pleading with the court, the standby was never vetted by the court and commissioners in King County want to be satisfied that the standby is appropriate if and when they need to serve.

I've attached the order on a previous guardianship (2016) where a GAL was appointed to vet a nominated standby after the initial Guardian died.  The GAL's instructions are not as exhaustive as they would be when investigating a brand new guardian in a brand new guardianship case.

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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 Wil Harlock
Sent: Friday, March 24, 2017 10:42 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Appoint GAL for Standby Guardian

So does that also apply (appointing a GAL) where a Standby Guardian was already  designated at the time of (or within 90 days of) the appointment of the original Guardian, upon the recommendation of the Guardianship GAL?  Why would another GAL need to be appointed if a GAL already recommended the Standby G'n?
Or is this about appointing a successor Guardian. (I'm a little confused)
Thank you.
Wil H.

Wilhelmina C. Harlock, Attorney
Estate Planning, Wills & Probate
Guardianship / Certified Mediator
GAL 11 & 26 /Parenting Coordinator
PO Box 279
720 Main St, Suite 227
Mount Vernon, WA 98273
Tel: 360-593-5594   Fax: 360-404-7110
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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 Mike Jacobs
Sent: Friday, March 24, 2017 10:20 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Appoint GAL for Standby Guardian

This email is a follow-up to a thread several weeks ago about appointing a GAL when seeking the appointment of a lay standby guardian.  I was in Commissioner Velategui's courtroom yesterday and the issue came up.  He was distraught to learn that one of the other commissioners had appointed a lay standby without a GAL.  He agreed there was no requirement or clear policy.  However, he opined that appointment without a GAL could subject the attorney to liability under Treadwell.  He also advised that he would make sure the other Commissioners (in King Co and the rest of the State) understood the need to appoint a GAL.

So, I understand that the practice should be or will be to appoint a GAL when seeking the appointment of a lay standby.

Sincerely,

Michael P. Jacobs
Riach Gese Jacobs PLLC
7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036
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