[WSBAPT] Serving Notice of Hearing in Guardianship

[Elizabeth Bateman]

I have never known missing family members to be an obstacle to getting a guardian appointed—that’s often why professional guardians are necessary.  The statute requires you provide notice to the last known address of children/spouse, if any, not that you locate them—I think you just do what you can.  If you’ve spent time trying to locate these family members to no avail, I think that’s exactly what you tell the Court.  I have never known the Court to require that notice be published, but I am not sure what County you are in.  In my mind it makes no sense to waste the AIP’s precious resources on publication for a family member that is not part of the individual’s life.

Elizabeth G. Bateman
Associate Attorney
Admitted in Washington and Minnesota
Bateman Law Group, PLLC
999 Third Ave., Suite 2525
Seattle, WA 98104
Tel: (206) 224-0900
Fax: (206) 467-8028
Website: www.batemanlawgroup.com<http://www.batemanlawgroup.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Cody Moore
Sent: Thursday, March 26, 2020 3:27 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Serving Notice of Hearing in Guardianship

HI all,
 Posting this again:

We have a basic adult guardianship, however the family cannot be located.
RCW 11.88.040(2) requires notice of the hearing be sent or served to the family, if any. Here there is family, but we cannot find them anywhere.
Has anyone encountered this? I presume we could get an order to publish, but haven’t done that in this context.

Thank you,
Cody R. Moore
Member of the Firm
Westberg Roepke Moore, PLLC
530 S. Asbury Street Suite 2
Moscow Idaho  83843
Phone: (208) 883-1520
Fax:       (208) 883-1521
cmoore at wrm-law.com
<mailto:cmoore at wrm-law.com>www.wrm-law.com<http://www.wrm-law.com/>

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