Washington Code 11.130.345 – Guardian’s report — Monitoring of guardianship
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(1) A guardian for an adult shall file with the court by the date established by the court a report in a record regarding the condition of the adult and accounting for funds and other property in the guardian’s possession or subject to the guardian’s control. The guardian shall provide a copy of the report to the adult subject to guardianship and any other notice party.
Terms Used In Washington Code 11.130.345
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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
- 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 report under subsection (1) of this section must state or contain:
(a) The mental, physical, and social condition of the adult;
(b) The living arrangements of the adult during the reporting period;
(c) A summary of the supported decision making, technological assistance, medical services, educational and vocational services, and other supports and services provided to the adult and the guardian’s opinion as to the adequacy of the adult’s care;
(d) A summary of the guardian’s visits with the adult, including the dates of the visits;
(e) Action taken on behalf of the adult;
(f) The extent to which the adult has participated in decision making;
(g) If the adult is living in a care setting, whether the guardian considers the facility’s current plan for support, care, treatment, or habilitation consistent with the adult’s preferences, values, prior directions, and best interests;
(h) Anything of more than de minimis value which the guardian, any individual who resides with the guardian, or the spouse, domestic partner, parent, child, or sibling of the guardian has received from an individual providing goods or services to the adult. A professional guardian must abide by the standards of practice regarding the acceptance of gifts;
(i) If the guardian delegated a power to an agent, the power delegated and the reason for the delegation;
(j) Any business relation the guardian has with a person the guardian has paid or that has benefited from the property of the adult;
(k) A copy of the guardian’s most recently approved plan under RCW 11.130.340 and a statement whether the guardian has deviated from the plan and, if so, how the guardian has deviated and why;
(l) Plans for future care and support of the adult;
(m) A recommendation as to the need for continued guardianship and any recommended change in the scope of the guardianship; and
(n) Whether any co-guardian or successor guardian appointed to serve when a designated event occurs is alive and able to serve.
(3) The court may appoint a court visitor to review a report submitted under this section or a guardian’s plan submitted under RCW 11.130.340, interview the guardian or adult subject to guardianship, or investigate any other matter involving the guardianship.
(4) Notice of the filing under this section of a guardian’s report, together with a copy of the report, must be given to the adult subject to guardianship and any other notice party. The notice and report must be given not later than fourteen days after the filing.
(5) The court shall establish procedures for monitoring a report submitted under this section and review each report to determine whether:
(a) The report provides sufficient information to establish the guardian has complied with the guardian’s duties;
(b) The guardianship should continue; and
(c) The guardian’s requested fees, if any, should be approved.
(6) If the court determines there is reason to believe a guardian for an adult has not complied with the guardian’s duties or the guardianship should be modified or terminated, the court:
(a) Shall notify the adult, the guardian, and any other person entitled to notice under RCW 11.130.310(5) or a subsequent order;
(b) May require additional information from the guardian;
(c) May appoint a court visitor to interview the adult or guardian or investigate any matter involving the guardianship; and
(d) Consistent with this section and RCW 11.130.350, may hold a hearing to consider removal of the guardian, termination of the guardianship, or a change in the powers granted to the guardian or terms of the guardianship.
(7) If the court has reason to believe fees requested by a guardian for an adult are not reasonable, the court shall hold a hearing to determine whether to adjust the requested fees.
(8) A guardian for an adult must petition the court for approval of a report filed under this section. The court after review may approve the report. If the court approves the report, there is a rebuttable presumption the report is accurate as to a matter adequately disclosed in the report.
(9) If the court approves a report filed under this section, the order approving the report shall set the due date for the filing of the next report to be filed under this section. The court may set the review interval at annual, biennial, or triennial with the report due date to be within ninety days of the anniversary date of appointment. When determining the report interval, the court can consider: The length of time the guardian has been serving the person under guardianship; whether the guardian has timely filed all required reports with the court; whether the guardian is monitored by other state or local agencies; and whether there have been any allegations of abuse, neglect, or a breach of fiduciary duty against the guardian.
(10) If the court approves a report filed under this section, the order approving the report shall contain a guardianship summary or be accompanied by a guardianship summary in the form or substantially in the same form as set forth in RCW 11.130.665.
(11) If the court approves a report filed under this section, the order approving the report shall direct the clerk of the court to reissue letters of office in the form or substantially in the same form as set forth in RCW 11.130.660 to the guardian containing an expiration date which will be within one hundred twenty days after the date the court directs the guardian file its next report.
(12) Any requirement to establish a monitoring program under this section is subject to appropriation.
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.