[WSBAPT] Appointing Standby Guardian as Guardian in King County

[Andrekita Silva]

  Law Office of
F.ANDREKITA SILVA
________________________________________________________________________
 
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                               April 11, 2021          
 
Steven,
 
I haven’t done one of these but I was reviewing the new Guardianship  
statute for purposes Guardianship of a Minor.  Since I’d seen your  
question, I looked to see if the currently effective statute gave  
guidance.
 
As I read RCW 11.88.125 (2)(a) (which is effective until January 1,  
2022 when 11.130 becomes effective), you don’t start from scratch.   
You file a Petition within the current action.  Presumably, in the  
past, when the prior guardian was appointed, notices were sent  
advising of who the Standby was. 

The statute says that upon the death (or incapacity) of the regularly  
appointed guardian,
 
“ then the standby guardian … shall have all the powers, duties, and  
obligations of the regularly appointed guardian ….  and in addition  
shall, within a period of thirty days from the death … of the  
regularly appointed guardian … , file with the superior court in the  
county in which the guardianship …  is then being administered, a  
petition for appointment of a substitute guardian or limited guardian.  
Upon the court's appointment of a new, substitute guardian or limited  
guardian, the standby guardian or standby limited guardian shall make  
an accounting and report to be approved by the court, and upon  
approval of the court, the standby guardian or standby limited  
guardian shall be released from all duties and obligations arising  
from or out of the guardianship or limited guardianship.”
 
I don’t know about adult guardianships, but non-parent custody actions  
are being given a certain amount of time to transition to the new  
statute which, much of it for minors became effect on 1/21.  So, you  
may want to look to see what, if anything, will be required next year  
under 11.130.

So, standby still has to post a bond and give  notice etc but it  
doesn't look like you start from scratch. 
 
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com[1]
 

Quoting Roger Hawkes <Roger at law-hawks.com>:

> Please share what you learn.
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>      FROM: wsbapt-bounces at lists.wsbarppt.com  
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF steve mcconnell
> SENT: Saturday, April 10, 2021 4:06 PM
> TO: wsbapt at lists.wsbarppt.com
> SUBJECT: [WSBAPT] Appointing Standby Guardian as Guardian in King County
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>     I represent the Guardian in a guardianship for an incapacitated  
> person, her son, who has resided in Fircrest for over 40 years. The  
> Guardian recently passed away and I need to have the current Standby  
> Guardian, the sister of the incapacitated person, appointed as  
> Guardian and would like to do that at the same time that we submit  
> the three-year guardianship report as that deadline is fast  
> approaching. I have not done this previously and it is unclear to me  
> whether I need to go through the same process followed when a  
> guardian is initially appointed or whether there is a more  
> expeditious process that can be followed. If anyone could provide  
> some guidance in this regard it would be very much appreciated.
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>     Thanks in advance.
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>         STEVEN M. MCCONNELL
> ATTORNEY AT LAW
> 144 Railroad Ave., Suite 308
> Edmonds, WA  98020-4100
> Tel:  (206) 783-0201
> Fax: (206) 789-5199
> Email:  smcconnelllaw at hotmail.com
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Links:
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[1] http://www.seattle-silvalaw.com/

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