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Law Office of<br>
<strong>F.ANDREKITA SILVA</strong><br>
<strong>____________________________________________ </strong><br>
<br>
<br>
September 3, 2021<br>
<br>
<br>
Listserve,<br>
<br>
<span style="font-size:12px;">I have a client, Father of adult IP, who is presently the Standby Guardian. He would like to remove the Guardian (his EX and Mom of IP) and have himself appointed. He believes EX has breached her fiduciary duty to IP. He wants the Guardian to reimburse him (Father) for funds he expended to care for the adult IP for the last 3 ½ years. He swears, and there is good evidence, that the IP has at all times lived with him, and never with the Guardian. Guardian’s Accounting and Budget each year has claimed expenses for caring for IP. Since she doesn’t actually incur these expenses, and they are subtracted from IP’s account, presumably she is paying herself.<br>
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Would the Father make this demand in the form of a claim per RCW 11.92.035?<br>
So, Father would file a civil action against Guardian ?<br>
<br>
Or can Father file a motion to remove the Guardian and to appoint himself and in that motion, ask to be compensated within the Guardianship action?</span><br>
<span style="font-size: 12px;">If Guardian is removed, Guaridan must petition the court under RCW 11.92.040 for approval of her accounting. Would Father instead wait until that time to make his demand? </span><br>
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<span style="font-size: 12px;">(it looks like a lot of these procedures are only good until Jan. 1, 2022. I haven’t figured out the new statute after that).</span></p>
<p><span style="font-size:12px;">I read the K</span>wiatkowski v. Seattle First case. It says that a ward (the IP) can’t pursue litigation related to the administration of estate after the guardian has been discharged. I assume that applies to 3<sup>rd</sup> parties as well? So, I am concerned that I bring any motions and / or claims in the right order or in the right venue. I don't know if I am even reading the case correctly.<br>
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This is in Snohomish County. Can anyone provide me guidance on my situation? <br>
<br>
andrekita<br>
Law Office of F. Andrekita Silva<br>
1325 Fourth Avenue, Suite 2000<br>
Seattle, Washington 98101<br>
206-224-8288<br>
www.seattle-silvalaw.com<br>
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