[WSBAPT] Guardianship question

Thu Dec 19 09:28:11 PST 2019

the RCW # is 11.90.420 (not 240)

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Jill H. Sasser 
Sent: Wednesday, December 18, 2019 3:48 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Guardianship question

It’s kind of an interesting provision in RCW 11.90.240 (registration of out of state guardianships).  I just love how RCW 11 has such a variety of unusual provisions.  I’m always learning!  J

Jill H. Sasser | Attorney at Law  
805 Broadway Street, Suite 1000 
P.O. Box 1086 
Vancouver, WA 98666-1086 
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535 
www.landerholm.com 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Winslow
Sent: Wednesday, December 18, 2019 3:40 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Guardianship question

What do you mean by “registration”? is that recording with the Auditor or is it filing with the superior court?

It would be nice if it were as simple as recording…

Michael A. Winslow

1204 Cleveland Ave.

Mount Vernon, WA 98273

Ph. 360-336-3321

Em. Mike at winslegal.com

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jill H. Sasser
Sent: Wednesday, December 18, 2019 3:18 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Guardianship question

I have done this before.  I checked with the title company to see what they would require.  The registration should be enough (and the pleadings showing your client has been appointed as Guardian).  However, confirm with the title company whether they will also need an order.

Feel free to call me if you have questions.

Jill

Jill H. Sasser | Attorney at Law 

805 Broadway Street, Suite 1000 
P.O. Box 1086 
Vancouver, WA 98666-1086 
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535 
www.landerholm.com 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
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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