[WSBAPT] Parent as "Legal Guardian"

[Eleanor Doermann]

Not entirely weird. I just successfully initiated a guardianship in Kitsap
County for a mother who needed to accept life insurance proceeds on behalf
of her minor son left to him by his father. The life insurance company
required it. I filed under RCW 11.88 even though the new minor guardianship
statue, 11.130.090, has taken effect. (Actually, I first filed a petition
under 11.130.090 and the Clerk kicked it back to me.) One thing to note is
that RCW 11.88.090(3)(b) provides, "No guardian ad litem need be appointed
when a parent is petitioning for a guardian or a limited guardian to be
appointed for his or her minor child and the minority of the child, as
defined by RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.92.010>
11.92.010, is the sole basis of the petition." This abbreviates the
appointment process. The Order was signed the same day I filed, without a
hearing. 

 

Best wishes,

Eleanor Doermann

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of James Jackson
Sent: Friday, March 19, 2021 4:58 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Parent as "Legal Guardian"

 

Here's a weird one.

 

I colleague asked whether I would serve as a GAL in a situation in which a
client intended to petition to be appointed as guardian for her own minor
child.  (?!)

 

Here's the situation:

 

The client is a single mother.  When she decided to purchase her home a few
years ago, "someone" told her to put her child on title, in order to avoid
probate.  She now owns it as joint tenants with her child.

 

She is trying to sell, but the title company is requiring that a guardian be
appointed to represent the interests of her child, and to sign the deed.

 

Suggestion?

 

James A. Jackson

Simburg Ketter Sheppard & Purdy, LLP

999 Third Ave., #2525

Seattle, WA 98104

T: (206) 382-2600

C: (206) 397-3853

F: (206) 223-3929

 

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