Washington Guardianship Law Changes: An Estate Planner's Guide
Stay up-to-date with the latest Washington guardianship law changes outlined in this comprehensive guide by Brent T. Stanyer and Douglas Eden. Explore the top 10 significant changes, including the new statute RCW 11.130, terminology updates, and emphasis on less restrictive alternatives and other protective arrangements. Get insights into the legal process, court procedures, and essential information for estate planners and legal professionals.
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Presentation Transcript
An Estate Planners Guide -- Washington Guardianship Law Changes Brent T. Stanyer; Douglas Eden, P.S. November 16, 2021 Spokane Estate Planning Counsel
Top 10 List of Changes (apologies to David Letterman)
# 10: RCW 11.130 is the new statute The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPA) Was effective January 1, 2021 for Guardianships for Minors Will be effective January 1, 2022 for Guardianships, Conservatorships, Protective Arrangements and the rest of the statute
# 9: Change in Terminology Prior Statute RCW 11.88 New Statute RCW 11.130 Alleged Incapacitated Person Respondent Guardian of the Estate Conservator Guardian Ad Litem Court Visitor
# 8: Same overall approach Started by a Petition, followed by notice, appointment of a Court Visitor who conducts an investigation and submits a report, a response by the Respondent, who can be represented by Counsel, and ends with a Court hearing.
#7: The new statutue: emphasizes Less Restrictive Alternatives Alternatives frequently include: Representative Payee (for SSI and Social Security payments) Durable Powers of Attorney for Financial Matters and Health Care Trusts Technological Assistance VA Fiduciary (like a payee for VA benefits)
# 6 Introduces Other Protective Arrangements Other Protective Arrangements are: Alternatives to guardianships or conservatorships A Petitioner can also petition directly for an Other Protective Arrangement Court ordered steps, such as: Approving transactions or medical care, preventing access by certain people, establish a trust, approve payments or purchase or sale of a house RCW 11.130.585
# 5: ..and provides for Supported Decision Making Agreements RCW 11.130.700-.755 Adopts a concept from the disability rights community Supported Decision Making a helper, not a fiduciary or decision maker For people who only need the support of someone to assist in communications, understanding medical or financial issues, but otherwise can handle their own affairs A formal agreement
# 4: Nominating a Guardian for Minor Children A parent can nominate a guardian for their minor children in a Will or other record which could be a Durable Power of Attorney RCW 11.130.215(2)(a)
# 3: Naming a Standby Guardian for Minor Children Standby Guardian if no parent of a minor is willing or able to exercise the duties and powers granted to a guardian Can be nominated by a parent in a signed record which could include the parent s Durable Power of Attorney RCW 11.130.220
# 2: Its good to be a 12 year old 12 year olds: Receive notice of petitions for guardian or standby guardian Have the option to nominate a guardian if no one was nominated by a parent,
# 1: The parents nominee takes priority The Court shall appoint the parent s nominee unless that is not in the minor s best interest
Thank You Brent T. Stanyer Douglas Eden, PS 717 W. Sprague Ave., Suite 1500 Spokane, WA 99223 509-455-5300; btstanyer@depdslaw.com
