Washington Code 11.130.585 – Basis for protective arrangement instead of guardianship for adult
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(1) After the hearing on a petition under RCW 11.130.270 for a guardianship or under RCW 11.130.580(2) for a protective arrangement instead of guardianship, the court may issue an order under subsection (2) of this section for a protective arrangement instead of guardianship if the court finds by clear and convincing evidence that:
Terms Used In Washington Code 11.130.585
- 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.
- Issue: means all the lineal descendants of an individual. See Washington Code 11.02.005
- 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
(a) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making; and
(b) The respondent’s identified needs cannot be met by a less restrictive alternative.
(2) If the court makes the findings under subsection (1) of this section, the court, instead of appointing a guardian, may:
(a) Authorize or direct a transaction necessary to meet the respondent’s need for health, safety, or care, including:
(i) A particular medical treatment or refusal of a particular medical treatment; or
(ii) Visitation or supervised visitation between the respondent and another person;
(b) Restrict access to the respondent by a specified person whose access places the respondent at serious risk of physical, psychological, or financial harm; and
(c) Reorder other arrangements on a limited basis that are appropriate.
(3) In deciding whether to issue an order under this section, the court shall consider the factors under RCW 11.130.330 and 11.130.335 that a guardian must consider when making a decision on behalf of an adult subject to guardianship.
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.