Washington Code 11.130.010 – Definitions
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
Terms Used In Washington Code 11.130.010
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Washington Code 11.02.005
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- 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.
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- 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
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(1) “Adult” means an individual at least eighteen years of age or an emancipated individual under eighteen years of age.
(2) “Adult subject to conservatorship” means an adult for whom a conservator has been appointed under this chapter.
(3) “Adult subject to guardianship” means an adult for whom a guardian has been appointed under this chapter.
(4) “Claim” includes a claim against an individual or conservatorship estate, whether arising in contract, tort, or otherwise.
(5) “Conservator” means a person appointed by a court to make decisions with respect to the property or financial affairs of an individual subject to conservatorship. The term includes a co-conservator.
(6) “Conservatorship estate” means the property subject to conservatorship under this chapter.
(7) “Court visitor” means the person appointed by the court pursuant to this chapter.
(8) “Evaluation and treatment facility” has the same meaning as provided in RCW 71.05.020.
(9) “Full conservatorship” means a conservatorship that grants the conservator all powers available under this chapter.
(10) “Full guardianship” means a guardianship that grants the guardian all powers available under this chapter.
(11) “Guardian” means a person appointed by the court to make decisions with respect to the personal affairs of an individual. The term includes a co-guardian but does not include a guardian ad litem.
(12) “Guardian ad litem” means a person appointed to inform the court about, or to represent, the needs and best interests of a minor.
(13) “Individual subject to conservatorship” means an adult or minor for whom a conservator has been appointed under this chapter.
(14) “Individual subject to guardianship” means an adult or minor for whom a guardian has been appointed under this chapter.
(15) “Less restrictive alternative” means an approach to meeting an individual’s needs which restricts fewer rights of the individual than would the appointment of a guardian or conservator. The term includes supported decision making, appropriate technological assistance, appointment of a representative payee, and appointment of an agent by the individual, including appointment under a power of attorney for health care or power of attorney for finances.
(16) “Letters of office” means a record issued by a court certifying a guardian’s or conservator’s authority to act.
(17) “Limited conservatorship” means a conservatorship that grants the conservator less than all powers available under this chapter, grants powers over only certain property, or otherwise restricts the powers of the conservator.
(18) “Limited guardianship” means a guardianship that grants the guardian less than all powers available under this chapter or otherwise restricts the powers of the guardian.
(19) “Long-term care facility” has the same meaning as provided in RCW 70.129.010.
(20) “Minor” means an unemancipated individual under eighteen years of age.
(21) “Minor subject to conservatorship” means a minor for whom a conservator has been appointed under this chapter.
(22) “Minor subject to guardianship” means a minor for whom a guardian has been appointed under this chapter.
(23) “Notice party” means a person entitled to notice under this chapter or otherwise determined by the court to be entitled to notice.
(24) “Parent” does not include an individual whose parental rights have been terminated.
(25) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(26) “Professional guardian or conservator” means a guardian or conservator appointed under this chapter who is not a relative of the person subject to guardianship or conservatorship established under this chapter and who charges fees for carrying out the duties of court-appointed guardian or conservator for three or more persons.
(27) “Property” includes tangible and intangible property.
(28) “Protective arrangement instead of conservatorship” means a court order entered under RCW 11.130.590.
(29) “Protective arrangement instead of guardianship” means a court order entered under RCW 11.130.585.
(30) “Protective arrangement under Article 5 of this chapter” means a court order entered under RCW 11.130.585 or 11.130.590.
(31) “Record,” used as a noun, 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.
(32) “Relative” means any person related by blood or by law to the person subject to guardianship, conservatorship, or other protective arrangements.
(33) “Respondent” means an individual for whom appointment of a guardian or conservator or a protective arrangement instead of guardianship or conservatorship is sought.
(34) “Sign” means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(35) “Special agent” means the person appointed by the court pursuant to RCW 11.130.375 or 11.130.635.
(36) “Standby guardian” means a person appointed by the court under RCW 11.130.220.
(37) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
(38) “Supported decision making” means assistance from one or more persons of an individual’s choosing in understanding the nature and consequences of potential personal and financial decisions, which enables the individual to make the decisions, and in communicating a decision once made if consistent with the individual’s wishes.
(39) “Verified receipt” is a verified receipt signed by the custodian of funds stating that a savings and loan association or bank, trust company, escrow corporation, or other corporations approved by the court hold the cash or securities of the individual subject to conservatorship subject to withdrawal only by order of the court.
(40) “Visitor” means a court visitor.
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.