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

[deborah at neillaw.com]

Sarah,

Your first question is the easiest to answer and not at all intuitive to find.  RCW 11.92.040(3) sets out the reasons why a court may allow intervals of up to 36 months.

As to your second question, some of the issues may depend on your local court.  They may require guardian and conservator plans to be filed and approved prior to the hearing on the report, they may require lay guardians to take the new online training, etc.  

The Elder Law Section of the Bar is having training on September 21.  I think much of it will be on the UGA.  WAPG has put on trainings about the UGA and those materials may have been recorded.  

Pattern forms should be available starting around November this year or maybe December.  

Deborah Jameson
(Pronouns: she/her/hers)

Neil & Neil, P.S.
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Tacoma, WA  98408
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On Sep 7, 2021, at 12:58 PM, Sarah McCarthy <sarah at kawlawyers.com> wrote:

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)
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