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

[Steve King]

The triannual reporting option is under RCW 11.92.040.  I’m not sure about what we may need to do about reports that span the statute changes, but I’ve been using the current forms.

Also, you might check the WSBA and King County  Bar webpages for recorded CLEs on the new act.

Steve

Stephen R. King
steve at talislawfirm.com<mailto:steve at talislawfirm.com>

Talis Law PLLC
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Bellevue, WA 98005
Phone: (425) 943-9968
Fax: (425) 777-2097
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Tuesday, September 7, 2021 12:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Guardianship annual report questions in light of upcoming statutory changes

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<mailto:sarah at kawlawyers.com> | www.kawlawyers.com<http://www.kawlawyers.com>



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