[WSBAPT] Guardianship issue

Mon Oct 4 13:03:32 PDT 2021

What kind of guardianship is this?  Is it a guardianship through the dependency court?  Is it a minor guardianship under RCW 11.130?  Is it an adult guardianship for a child with a disability?  

Deborah Jameson
(Pronouns: she/her/hers)

Neil & Neil, P.S.
5302 Pacific Avenue
Tacoma, WA  98408
253-475-8600
253-473-5746 FAX

If your matter is urgent, please call my office.  Also, this message is not encrypted and it may not be secure or protected by attorney-client privilege.

On Oct 4, 2021, at 12:53 PM, Sarah McCarthy <sarah at kawlawyers.com> wrote:

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 <http://www.kawlawyers.com/>

This electronic message transmission contains information from the law firm of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.  This information is intended to be for the use of the individual or entity named above,  If you are not the intended recipient, be aware that any further review, disclosure, printing, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this electronic message transmission in error, please notify us immediately by reply e-mail and delete the original message.  Thank you. 

We do not accept service of any kind by e-mail unless expressly authorized in writing by the attorney of record.  This e-mail is NOT a contract and is not binding upon the author pursuant to CR 2A. This e-mail is, at most, a negotiation under ER 408.

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

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com <mailto:djkiepe at depdslaw.com>
509-455-5300

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 Dalynne Singleton
Sent: Monday, October 4, 2021 12:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto: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

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.568.8092  fax

dalynne at glgmail.com <mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com <http://www.glglawgroup.com/>

As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please call or email my paralegal theresa at glgmail.com <mailto:theresa at glgmail.com> or dara at glgmail.com <mailto:dara at glgmail.com>.

Please be advised, we are requiring all clients with scheduled appointments coming in, as well as our staff, to be prepared to wear a face mask or adequate covering during all in office interactions.

LICENSED IN WASHINGTON AND OREGON

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

<image001.png>  <image002.png> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>       <image003.jpg> <image004.jpg>

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 michael westseattleattorney.com <http://westseattleattorney.com/>
Sent: Monday, October 4, 2021 10:33 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com <mailto: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 

<image005.png>

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt <http://mailman.fsr.com/mailman/listinfo/wsbapt>***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211004/6cc8f672/attachment.html>