Washington Code 11.130.295 – Attendance and rights at hearing
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(1) Except as otherwise provided in subsection (2) of this section, a hearing under RCW 11.130.275 may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audiovisual technology.
Terms Used In Washington Code 11.130.295
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Subpoena: A command to a witness to appear and give testimony.
(2) A hearing under RCW 11.130.275 may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:
(a) The respondent has refused to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so; or
(b) There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance.
(3) The respondent may be assisted in a hearing under RCW 11.130.275 by a person or persons of the respondent’s choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent’s participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.
(4) The respondent has a right to choose an attorney to represent the respondent at a hearing under RCW 11.130.275.
(5) At a hearing held under RCW 11.130.275, the respondent may:
(a) Present evidence and subpoena witnesses and documents;
(b) Examine witnesses, including any court-appointed evaluator and the court visitor; and
(c) Otherwise participate in the hearing.
(6) Unless excused by the court for good cause, a proposed guardian shall attend a hearing under RCW 11.130.275.
(7) A hearing under RCW 11.130.275 must be closed on request of the respondent and a showing of good cause.
(8) Any person may request to participate in a hearing under RCW 11.130.275. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person’s participation.
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.