Washington Code 11.130.657 – Notification of petition for guardianship or conservatorship
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This form must be used to notify an adult respondent of the respondent’s rights that could be restricted if a guardianship petition under RCW 11.130.270 or a conservatorship petition under RCW 11.130.365 is granted.
IMPORTANT NOTICE
PLEASE READ CAREFULLY
Terms Used In Washington Code 11.130.657
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A petition to have a guardian or conservator appointed for you has been filed in the . . . county superior court by . . .. If a guardian or conservator is appointed, you could lose one or more of the following rights:
(1) To marry, divorce, or enter into or end a state registered domestic partnership;
(2) To vote or hold an elected office;
(3) To enter into a contract or make or revoke a will;
(4) To appoint someone to act on your behalf;
(5) To sue and be sued other than through a guardian;
(6) To possess a license to drive;
(7) To buy, sell, own, mortgage, or lease property;
(8) To consent to or refuse medical treatment;
(9) To decide who shall provide care and assistance;
(10) To make decisions regarding social aspects of your life.
Under the law, you have certain rights.
You have the right to be represented by a lawyer of your own choosing. The court will appoint a lawyer to represent you if you are unable to pay or payment would result in a substantial hardship to you.
You have the right to ask for a jury trial on the issue of capacity.
You have the right to be present in court and testify when the hearing is held to decide whether or not you need a guardian or conservator. If a court visitor is appointed, you have the right to request the court to replace that person.
You have the right to ask the court to establish a protective arrangement instead of a guardianship or conservatorship.
[ 2020 c 312 § 321.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.