Washington Code 11.130.240 – Removal of guardian for minor–Termination of guardianship–Appointment of successor
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(1) Guardianship under this chapter for a minor terminates:
Terms Used In Washington Code 11.130.240
- 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.
- Issue: means all the lineal descendants of an individual. See Washington Code 11.02.005
- 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
(a) On the minor’s death, adoption, emancipation, or attainment of majority; or
(b) When the court finds that the basis in RCW 11.130.185 for appointment of a guardian no longer exists, unless the court finds that:
(i) Termination of the guardianship would be harmful to the minor; and
(ii) The minor’s interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent’s right to make decisions for the minor.
(2) A minor subject to guardianship or a person interested in the welfare of the minor, including a parent, may petition the court to terminate the guardianship, modify the guardianship, remove the guardian and appoint a successor guardian, or remove a standby guardian and appoint a different standby guardian.
(3) A petitioner under subsection (2) of this section shall give notice of the hearing on the petition to the minor, if the minor is twelve years of age or older and is not the petitioner, the guardian, each parent of the minor, and any other person the court determines.
(4) The court shall follow the priorities in RCW 11.130.215(2) when selecting a successor guardian for a minor.
(5) Not later than thirty days after appointment of a successor guardian for a minor, the court shall give notice of the appointment to the minor subject to guardianship, if the minor is twelve years of age or older, each parent of the minor, and any other person the court determines.
(6) When terminating a guardianship for a minor under this section, the court may issue an order providing for transitional arrangements that will assist the minor with a transition of custody and is in the best interest of the minor.
(7) A guardian for a minor that is removed shall cooperate with a successor guardian to facilitate transition of the guardian’s responsibilities and protect the best interest of the minor.
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.