[WSBAPT] Parent as "Legal Guardian"

[James Jackson]

That's what I thought.  I just didn't know where to look.

Thanks Eleanor!

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eleanor Doermann
Sent: Friday, March 19, 2021 5:24 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Parent as "Legal Guardian"

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 11.92.010<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.92.010&data=04%7C01%7CJJackson%40sksp.com%7C37d4f24b42ab41aabc9f08d8eb37b021%7C51c3b3ecbc544777b2309dbeb908ac27%7C0%7C0%7C637517971709979229%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=KFSVV7fObVH3GK42Ioa7AgVH8Tpiuno%2FkREljRhzSHI%3D&reserved=0>, 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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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