[WSBAPT] Guardianship issue

Mon Oct 4 12:53:13 PDT 2021

Until January 1, 2022, a motion or a "complaint" can be filed in the
guardianship cause under RCW 11.88.120
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.88.120> to remove a
guardian. After January 1, the new statute kicks in, RCW 11.130.350
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.130.350>.

Though I would start by trying to deal with this informally, by talking to
the guardian and finding out what the problems are, if that hasn't already
been attempted.

I don't really understand what the issue is, though.  What does the child's
weight have to do with the tasks the guardian is supposed to be performing
on the child's behalf? A guardian doesn't usually have such direct contact
that the child's physical body size should have any relevance to
anything....  Or, is the guardian also the child's live-in caregiver who
assists with activities of daily living?... Is this a professional
guardian, or a family member/lay guardian?  More likely to be a live-in
caregiver if it's a family member.  If so, the roles of caregiver vs
guardian may need to be split out and clarified.  Perhaps this person would
be appropriate to stay on as a guardian, but not as caregiver assisting
with ADLs.

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com

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On Mon, Oct 4, 2021 at 12:36 PM Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:

> Similarly, my first thought was for any concerned party to write to social
> services requesting a review of matters.  However, I am curious how your
> friend has a guardian involved over his child.  I feel like there are facts
> we may not know preventing him from making that call?
>
>
>
> A motion will likely need to be filed and then a GAL appointed for child.
> I would say there would have to be a showing that the guardian is not
> acting in the best interest of the ward.  But in the interest of
> disclosure, I have not gone through this process.
>
>
>
> *Diane J. Kiepe*
>
>
>
> Diane J. Kiepe
>
> Douglas Eden
>
> 717 W. Sprague Ave.
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> Spokane, WA  99201
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> djkiepe at depdslaw.com
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> 509-455-5300
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Dalynne Singleton
> *Sent:* Monday, October 4, 2021 12:21 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Guardianship issue
>
>
>
> My first thought is to get the child to a doctor to assist with this
> issue.  Does the guardian control the child’s medical appointments?
>
>
>
> *Dalynne Singleton*
>
> *Gourley Law Group*
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *michael
> westseattleattorney.com
> *Sent:* Monday, October 4, 2021 10:33 AM
> *To:* WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Guardianship issue
>
>
>
> A friend says that his child, who has a guardian, is over weight and he
> can't get any help from guardian. Says child is about 5'3" and has a 55
> inch waist - can't fit in 56 x 30 pants.  I don't venture into this area so
> I was unsure what he could do. I told him he could come in and hopefully I
> can give him some info and maybe a referral if he wants to go forward.
>
> Would anyone like to share if he has grounds to remove the guardian and
> what the standard is?  Can he contact DSHS or the agency that controls the
> purse strings ?
>
> Or are there some resource I can access for this info?
>
> Thanks Mike
>
>
>
>
>
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