§61

• Jurisdiction: Washington

CHAPTER 61 GUARDIANSHIP AND CONSERVATORSHIP

Bruce R. Moen^*

Summary

§ 61.01 INTRODUCTION

§ 61.02 OVERVIEW OF GUARDIANSHIP/CONSERVATORSHIP PROCESS

[1] Legal Rights
[2] Multiple State Proceedings

§ 61.03 GENERAL ADVICE ON PREPARING GUARDIANSHIP OR CONSERVATORSHIP

[1] Family Conference

[a] Inquiry
[b] Family Disputes

[i] Cross-Petitioners Within Family
[ii] Impact of Proceeding on Capacity to Make a Will

[c] Trial on Capacity
[d] Will Making
[e] Prelude to Will Contest

[2] Standing
[3] Qualifications of Guardian or Conservator [4] The Necessity of Communication
[5] Attorney Liability for Breach of Duty to Person Subject to Guardianship or Conservatorship
[6] Abused/Neglected Adults: Referral to DSHS
[7] Fiduciary and Attorney Fees

§ 61.04 ARTICLE 2—GUARDIANSHIP OF A MINOR

§ 61.05 ARTICLE 3—GUARDIANSHIP OF AN ADULT

[1] Commencement and Administration

[a] Basis
[b] Petition
[c] Notice
[d] Court Visitor
[e] Appointed Attorney
[f] Professional Evaluation
[g] Hearing
[h] Priority of Persons for Appointment as Guardian
[i] Order Appointing Guardian
[j] Emergency Guardian
[k] Duties of Guardian
[l] Powers and Limitations
[m] Guardian's Plan
[n] Guardian's Report

[2] Removal, Substitution, Modification, or Termination

[a] Removal of Guardian
[b] Temporary Substitute Guardian
[c] Modification or Termination of Guardianship

§ 61.06 ARTICLE 4—CONSERVATORSHIP

[1] Commencement and Administration

[a] Basis
[b] Petition
[c] Notice
[d] Order to Preserve
[e] Court Visitor
[f] Appointed Attorney
[g] Professional Evaluation
[h] Hearing
[i] Priority of Persons for Appointment as Conservator
[j] Order of Appointment of Conservator
[k] Emergency Conservator
[l] Powers Requiring Court Approval
[m] Bond
[n] Duties
[o] Plan of Conservator
[p] Inventory
[q] Administrative Powers Without Court Authority
[r] Overreach and Recovery of Assets
[s] Distributions
[t] Report and Accounting; Monitoring
[u] Attempted Transfers
[v] Transactions With Conflicts
[w] Access to Certain Assets
[x] Death
[y] Personal Liability
[z] Potential Liability for Income Tax Obligations
[aa] Potential Liability to the Department of Revenue

[2] Removal, Substitution, Modification, or Termination

[a] Removal of Conservator
[b] Temporary Substitute Conservator
[c] Modification or Termination

§ 61.07 ARTICLE 5—OTHER PROTECTIVE ARRANGEMENTS

[1] Authority
[2] Basis
[3] Petition
[4] Notice and Hearing
[5] Court Visitor
[6] Role of Attorney
[7] Professional Evaluation
[8] Hearing
[9]

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