Washington Code 11.130.085 – Disclosure of bankruptcy or criminal history
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(1) Before accepting appointment as a guardian or conservator, a person shall disclose to the court whether the person:
Terms Used In Washington Code 11.130.085
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Statute: A law passed by a legislature.
(a) Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding;
(b) Has been convicted of:
(i) A felony;
(ii) A crime involving dishonesty, neglect, violence, or use of physical force; or
(iii) Other crimes relevant to the functions the individual would assume as guardian or conservator; or
(c) Has any court finding of a breach of fiduciary duty or a violation of any state’s consumer protection act, or violation of any other statute proscribing unfair or deceptive acts or practices in the conduct of any business.
(2) A guardian or conservator that engages or anticipates engaging an agent the guardian or conservator knows has been convicted of a felony, a crime involving dishonesty, neglect, violence, or use of physical force, or other crimes relevant to the functions the agent is being engaged to perform promptly shall disclose that knowledge to the court.
(3) If a conservator engages or anticipates engaging an agent to manage finances of the individual subject to conservatorship and knows the agent is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding, the conservator promptly shall disclose that knowledge to the court.
(4) If a guardian or conservator that engages or anticipates engaging an agent and knows the agent has any court finding of a breach of fiduciary duty or a violation of any state’s consumer protection act, or violation of any other statute proscribing unfair or deceptive acts or practices in the conduct of any business, the guardian or conservator promptly shall disclose that knowledge to the court.
(5) A court may not be able to access certain databases. The parties and not the court are responsible for confirming the accuracy of what is represented.