[WSBAPT] Question About Guardianship

[Mark Vohr]

Dave -

            I am not aware of any such rules.  RPC 1.14 allows an attorney to do something but does not mandate it.  There are rules that require a guardian/conservator to immediately notify the court if the guardianship/conservatorship should be reduced or terminated.  See, for instance, RCW 11.130.325(6) and RCW 11.130.505(13).
            If we are dealing with an DPOA Agent, there may be an instance where the Agent should act, including resigning, if they are at risk of being accused of neglect in the event the principal is making choices that expose the principal to a substantial risk of harm.  In that case one might easily say that the Agent has a moral duty to do something to protect the principal, but not a statutory duty that I am aware of.  There is, of course, mandatory reporters, but that is something completely different.
            Perhaps others have an opinion on this, but that is my understanding.
Regards,

Mark
(he, him)

Mark C. Vohr, J.D. CPGC
Ohana Fiduciary Corporation
A Washington Trust Company
155 NE 100th St., Suite 209
Seattle, WA  98125
Telephone:  (206) 782-1189

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dave Culbertson
Sent: Wednesday, January 18, 2023 5:19 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Question About Guardianship

Hello, Listmates.

I think there may be some rules that require some parties to take action if they become aware of a person why might need a guardianship. Am I correct, and if so where would I go to look the rules?

Thanks.


Best Regards,

Dave Culbertson

The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102

Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>



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