Washington Code 11.130.190 – Petition for appointment of guardian for minor
Current as of: 2023 | Check for updates
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(1) A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor.
Terms Used In Washington Code 11.130.190
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Washington Code 11.02.005
(2) A petition under subsection (1) of this section must state the petitioner’s name, principal residence, current street address, if different, relationship to the minor, interest in the appointment, the name and address of any attorney representing the petitioner, and, to the extent known, the following:
(a) The minor’s name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the minor will reside if the appointment is made;
(b) The name and current street address of the minor’s parents;
(c) The name and address, if known, of each person that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition;
(d) The name and address of any attorney for the minor and any attorney for each parent of the minor;
(e) The legal basis for the guardianship. Factual reasons why the guardianship is sought and would be in the best interest of the minor shall be set out in a separate supplemental declaration;
(f) The name and address of any proposed guardian and the reason the proposed guardian should be selected;
(g) If the minor has property other than personal effects, a general statement of the minor’s property with an estimate of its value;
(h) Whether the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings;
(i) Whether any parent of the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; and
(j) Whether any other proceeding concerning the care or custody of the minor is pending in any court in this state or another jurisdiction.
(3) The court may, upon a showing of good cause, order that the information concerning the reasons for the guardianship contained in the supplemental declaration to the petition and all subsequently filed pleadings and evidence by any party not be served on the minor if the minor is unrepresented. A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record.
(4) Courts may develop forms for the purpose of filing petitions under subsection (1) of this section.
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.