[WSBAPT] New guardianship law

[Steve King]

Hi Markus.

I just got appointed for a client who's very similar to your client, and I've been thinking about how to apply the new law.

I think that the key thing is the phrase "consistent with the respondent's interests."  I read the statue as you needing to decide what's in your client's best interest.  This gets us uncomfortably close to the role of the court visitor instead of an attorney for a party to a case, but I think that the new law is in keeping with RPC 1.14.

One way to proceed is for you, after you've seen the visitor's report and the professional evaluation, to decide what care level/protections that you think your client needs, and then argue for the least restrictive option that meets that need.

In some ways, it's analogous to a contract negation, where you're tying to get the best "deal" for your client as you can.

I'd love to hear everyone's thoughts on this.

Steve

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

Talis Law PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marcus J. Fry
Sent: Friday, February 11, 2022 9:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] New guardianship law

I have been appointed as an attorney for an adult who had a stroke and is comatose due to emergency provisions that require an attorney.  The new statute states that if I cannot ascertain the adult's wishes, I am to advocate for the least restrictive in type, duration and scope consistent with the adult's interests.

Anyone have any idea how this is to work practically?  If I cannot ascertain the adult's wishes, how I am to advocate for something that is consistent with his interests?

-Marcus


Marcus J. Fry
Attorney | Witherspoon * Kelley
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