[WSBAPT] What is the correct procedure / venue to seek reimbursment/ compensation from a Guardian?

[Andrekita Silva]

Law Office of
F.ANDREKITA SILVA
____________________________________________  
 
                                               
                                                  September 3, 2021

Listserve,
 
I have a client, Father of adult IP, who is presently the Standby  
Guardian. He would like to remove the Guardian (his EX and Mom of IP)  
and have himself appointed. He believes EX has breached her fiduciary  
duty to IP.  He wants the Guardian to reimburse him (Father) for funds  
he expended to care for the adult IP for the last 3 ½ years. He  
swears, and there is good evidence, that the IP has at all times lived  
with him, and never with the Guardian. Guardian’s Accounting and  
Budget each year has claimed expenses for caring for IP. Since she  
doesn’t actually incur these expenses, and they are subtracted from  
IP’s account, presumably she is paying herself.
 
Would the Father make this demand in the form of a claim per RCW 11.92.035?
So, Father would file a civil action against Guardian ?
 
Or can Father file a motion to remove the Guardian and to appoint  
himself and in that motion, ask to be compensated within the  
Guardianship action?
If Guardian is removed, Guaridan must petition the court under  
RCW 11.92.040 for approval of her accounting. Would Father instead  
wait until that time to make his demand? 

(it looks like a lot of these procedures are only good until Jan. 1,  
2022. I haven’t figured out the new statute after that).

  I read the Kwiatkowski v. Seattle First case. It says that a ward  
(the IP) can’t pursue litigation related to the administration of  
estate after the guardian has been discharged.  I assume that applies  
to 3rd parties as well? So, I am concerned that I bring any motions  
and / or claims in the right order or in the right venue. I don't know  
if I am even reading the case correctly.
 
This is in Snohomish County.  Can anyone provide me guidance on my  
situation?  
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

 

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