[WSBAPT] Short of a Guardianship

[Marcus Fry]

Jim:
Note not even our guardianship laws allow involuntary placement into a care facility (see below).  I will avoid my soapbox on this absurd law and it is my expectation that as our population lives longer yet their minds do not, our legislature will be inundated with demands for change.  I recommend contacting a geriatric manager/specialist in your area to assist this matter.  Usually these people are RN or former social workers now in the private industry, working with the elderly.

I should point out that my client is in the same situation and will likely have to file for divorce from her spouse, who has contacted APS asserting that my client has imprisoned him in a retirement home (not a nursing home) and is making various illogical demands.

RCW 11.92.190
Detention of person in residential placement facility against will prohibited—Effect of court order—Service of notice of residential placement.
No residential treatment facility which provides nursing or other care may detain a person within such facility against their will. Any court order, other than an order issued in accordance with the involuntary treatment provisions of chapters 10.77<http://app.leg.wa.gov/RCW/default.aspx?cite=10.77>, 71.05, and 72.23<http://app.leg.wa.gov/RCW/default.aspx?cite=72.23> RCW, which purports to authorize such involuntary detention or purports to authorize a guardian or limited guardian to consent to such involuntary detention on behalf of an incapacitated person shall be void and of no force or effect. This section does not apply to the detention of a minor as provided in chapter71.34<http://app.leg.wa.gov/RCW/default.aspx?cite=71.34> RCW.
Nothing in this section shall be construed to require a court order authorizing placement of an incapacitated person in a residential treatment facility if such order is not otherwise required by law: PROVIDED, That notice of any residential placement of an incapacitated person shall be served, either before or after placement, by the guardian or limited guardian on such person, the guardian ad litem of record, and any attorney of record.

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 Jim Doran
Sent: Tuesday, February 19, 2019 2:09 PM
To: WSBA Elder-law-section; Real Property Section
Subject: [WSBAPT] Short of a Guardianship

Hello Listmates:

The issue of incompetency and trouble at home with the wife, Sally, has persisted for over a year now.  the husband, Bill, cannot take it any longer.  The family tried to intervene and get Sally to voluntarily move to an assisted living facility.  She just refuses to do so.

I have talked with Bill, the husband, about starting a guardianship proceeding.  He has talked to Sally's doctors and one of them suggested something, to Bill's recollection, short of a Guardianship, that would give him the authority to place Sally in an assisted living facility even if against her will.

I am not aware of any such process with that kind of authority.  Maybe there is a process that I am unaware of or am overlooking.  Sally is not going to move voluntarily.  Do you have any ideas short of a guardianship that would give Bill the authority to move Sally into an assisted living facility against her will?

Thank you for your thoughts on this.

Jim Doran


James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>
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