Washington Code 11.130.590 – Basis for protective arrangement instead of conservatorship for adult or minor
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(1) After the hearing on a petition under RCW 11.130.365 for conservatorship for an adult or under RCW 11.130.580(3) for a protective arrangement instead of a conservatorship for an adult, the court may issue an order under subsection (3) of this section for a protective arrangement instead of conservatorship for the adult if the court finds by clear and convincing evidence that:
Terms Used In Washington Code 11.130.590
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- 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.
- 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
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) The adult is unable to manage property or financial affairs because:
(i) Of a limitation in the ability to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision making; or
(ii) The adult is missing, detained, or unable to return to the United States;
(b) An order under subsection (3) of this section is necessary to:
(i) Avoid harm to the adult or significant dissipation of the property of the adult; or
(ii) Obtain or provide funds or other property needed for the support, care, education, health, or welfare of the adult or an individual entitled to the adult’s support; and
(c) The respondent’s identified needs cannot be met by a less restrictive alternative.
(2) After the hearing on a petition under RCW 11.130.365 for conservatorship for a minor or under RCW 11.130.580(3) for a protective arrangement instead of conservatorship for a minor, the court may issue an order under subsection (3) of this section for a protective arrangement instead of conservatorship for the respondent if the court finds by a preponderance of the evidence that the arrangement is in the minor’s best interest, and:
(a) If the minor has a parent, the court gives weight to any recommendation of the parent whether an arrangement is in the minor’s best interest;
(b) Either:
(i) The minor owns money or property requiring management or protection that otherwise cannot be provided;
(ii) The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor’s age; or
(iii) The arrangement is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health, or welfare of the minor; and
(iv) The order under subsection (3) of this section is necessary or desirable to obtain or provide money needed for the support, care, education, health, or welfare of the minor.
(3) If the court makes the findings under subsection (1) or (2) of this section, the court, instead of appointing a conservator, may:
(a) Authorize or direct a transaction necessary to protect the financial interest or property of the respondent, including:
(i) An action to establish eligibility for benefits;
(ii) Payment, delivery, deposit, or retention of funds or property;
(iii) Sale, mortgage, lease, or other transfer of property;
(iv) Purchase of an annuity;
(v) Entry into a contractual relationship, including a contract to provide for personal care, supportive services, education, training, or employment;
(vi) Addition to or establishment of a trust;
(vii) Ratification or invalidation of a contract, trust, will, or other transaction, including a transaction related to the property or business affairs of the respondent; or
(viii) Settlement of a claim; or
(b) Restrict access to the respondent’s property by a specified person whose access to the property places the respondent at serious risk of financial harm.
(4) After the hearing on a petition under RCW 11.130.580(1)(b), whether or not the court makes the findings under subsection (1) or (2) of this section, the court may issue an order to restrict access to the respondent or the respondent’s property by a specified person that the court finds by clear and convincing evidence:
(a) Through fraud, coercion, duress, or the use of deception and control caused or attempted to cause an action that would have resulted in financial harm to the respondent or the respondent’s property; and
(b) Poses a serious risk of substantial financial harm to the respondent or the respondent’s property.
(5) Before issuing an order under subsection (3) or (4) of this section, the court shall consider the factors under RCW 11.130.505 a conservator must consider when making a decision on behalf of an individual subject to conservatorship.
(6) Before issuing an order under subsection (3) or (4) of this section for a respondent who is a minor, the court also shall consider the best interest of the minor, the preference of the parents of the minor, and the preference of the minor, if the minor is twelve years of age or older.
[ 2019 c 437 § 503.]