[WSBAPT] Guardianship issue

Mon Oct 4 13:42:51 PDT 2021

Thx - very helpful info - hopefully it will help settle things down. 😎
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Elizabeth Bateman <Elizabeth at batemanlawgroup.com>
Sent: Monday, October 4, 2021 1:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Guardianship issue

I’m not sure why this is grounds to remove or discipline a guardian?  This does not sound like a guardianship issue at all to me.  Perhaps your client could talk to the guardian about finding alternate placement.  But a guardian is a surrogate decision maker, not a life coach, and cannot force a ward to make lifestyle changes the ward in not willing to go along with.  I would think long and hard before attempting to remove a guardian that is doing an overall good job for a Medicaid client.  It is extremely difficult to find guardians willing to serve on these cases because the pay is very minimal.  Just my 2 cents.

Elizabeth G. Bateman

Associate Attorney

Admitted in Washington and Minnesota

Bateman Law Group, PLLC

900 SW 16th Street, Suite 120

Renton, WA 98057

Office: (206) 224-0900

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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 1:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Guardianship issue

Hi Sarah - yes professional guardian and I should have said PC's "child" is actually an adult now and with Down Syndrome in a group home setting. PC visits frequently and feels helpless to get any responses to a variety of complaints from , TV not having any signal for months, someone stealing clothes and other personal belongings and now weight.  I will pass on the info. Thanks Mike

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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 Sarah McCarthy <sarah at kawlawyers.com<mailto:sarah at kawlawyers.com>>
Sent: Monday, October 4, 2021 12:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Guardianship issue

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
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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

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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

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