[WSBAPT] Guardianship annual report questions in light of upcoming statutory changes

Sarah McCarthy sarah at kawlawyers.com
Tue Sep 7 12:58:20 PDT 2021


I have a couple of Title 11 guardianships that are ripe soon for an annual
review.

1. One of them will be appropriate for an extended reporting cycle -- but
I'm shocked to find that I simply can't find the section of RCW 11.88 or
RCW 11.92 that used to talk about the option of shifting to a triennial
(3-year) reporting cycle, following the first annual report. Is this option
no longer in the statute? If so, I completely missed that. I'm hoping it's
still there, but just a bit hidden, and I'm simply not seeing it, and
somebody can help me out.

2. I really haven't spent time yet reviewing the new statute that becomes
effective on January 1st, RCW Chapter 11.130.  Since the law isn't
effective yet, I've just still been using my old forms, and so far haven't
had any issues.  But, for these annual review matters, since their next
reporting cycles will extend past January 1st, into the application of the
new statute, are there any provisions of the new law that NEED to be
included in the Order approving the Guardian's annual report, which will be
signed by the court in 2021?  For example, for a Guardianship of the
Estate, is it going to be necessary for the court clerk to reissue Letters
that utilize the new terminology, and do I need to provide for that in the
Order? (I'm hoping not, and that I can just wait to address the changes
until I'm appearing in court AFTER the new law has already become
effective.)

3. Does anyone have sample forms they feel like sharing, applying what will
be forthcoming once the new law goes into effect?

4.  Is there an upcoming CLE that anyone knows of that is going to give an
in-depth view of the new statute? I know there have been a few already that
I've missed.

Thanks all,

Sarah

*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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