[WSBAPT] Guardianship question

[Marcus Fry]

Jennifer:
The title company in the county where the property is situated should be consulted because they will be responsible for insuring title.  Btw: Really interesting to learn that in Oregon the court does not have supervision over guardian with regard to real estate that is not the IP’s primary residence (i.e., guardian needs court authorization to sell).

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Guardianship question

Hello all,

I’m hoping someone can provide some brief guidance on the following guardianship scenario/question:

Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon.  The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, “as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law”

Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon.  Guardian wants to sell the Washington real estate.

In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state.  I’m assuming that would be the county in which the real estate is located.  What I’m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ‘powers and duties of a guardian under Oregon law’?  Guardian says no because the real estate is no longer the protected person’s primary residence, and that is the only scenario in which an additional court order would be necessary.

Any insight would be much appreciated.

Thank you,

Jennifer

Jennifer M. Johnson
Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)

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