§2.5 - Ownership of Real Property by a Guardian

• Jurisdiction: Washington

§2.5 OWNERSHIP OF REAL PROPERTY BY A GUARDIAN

Commencement of guardianship proceedings does not per se affect the title to real property owned by the ward. Appointment of a legal guardian does not vest title in the guardian. Rather, title remains in the ward. Seattle-First Nat'l Bank v. Brommers, 89 Wn.2d 190, 570 P.2d 1035 (1977).

Commencement of guardianship proceedings should put the practitioner on notice that care must be exercised to ensure that transfers of the ward's property during the term of the guardianship comply with the requirements of Washington law, and specifically with Chapter 11.92 RCW. A guardian's deed without any order of the court is a nullity. Palmer v. Abrahams, 55 Wash. 352, 104 P. 648 (1909). A guardian cannot enter into a binding agreement for the sale of the ward's property without court authorization. In re Hardison's Guardianship, 28 Wn.2d 921, 184 P.2d 840 (1947). And authority once conferred will be strictly construed. For example, in Wilson v. Wilson, 39 Wash. 671, 82 P. 154 (1905), the court ruled that an order authorizing the sale of the minor's real property did not authorize the guardian to give a mortgage on that property.

Sales of or encumbrances against an "incompetent's" real...