Washington Code 11.130.595 – Petition for protective arrangement
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A petition for a protective arrangement instead of guardianship or conservatorship must state the petitioner’s name, principal residence, current street address, if different, relationship to the respondent, interest in the protective arrangement, the name and address of any attorney representing the petitioner, and, to the extent known, the following:
Terms Used In Washington Code 11.130.595
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- 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.
- 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
(1) The respondent’s name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted;
(2) The name and address of the respondent’s:
(a) Spouse or domestic partner or, if the respondent has none, an adult with whom the respondent has shared household responsibilities for more than six months in the twelve-month period before the filing of the petition;
(b) Adult children or, if none, each parent and adult sibling of the respondent, or, if none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and
(c) Adult stepchildren whom the respondent actively parented during the stepchildren’s minor years and with whom the respondent had an ongoing relationship in the two-year period immediately before the filing of the petition;
(3) The name and current address of each of the following, if applicable:
(a) A person responsible for the care or custody of the respondent;
(b) Any attorney currently representing the respondent;
(c) The representative payee appointed by the social security administration for the respondent;
(d) A guardian or conservator acting for the respondent in this state or another jurisdiction;
(e) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;
(f) The fiduciary appointed for the respondent by the department of veterans affairs;
(g) An agent designated under a power of attorney for health care in which the respondent is identified as the principal;
(h) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;
(i) A person nominated as guardian or conservator by the respondent if the respondent is twelve years of age or older;
(j) A person nominated as guardian by the respondent’s parent, spouse, or domestic partner in a will or other signed record;
(k) A person known to have routinely assisted the respondent with decision making in the six-month period immediately before the filing of the petition; and
(l) If the respondent is a minor:
(i) An adult not otherwise listed with whom the respondent resides; and
(ii) Each person not otherwise listed that had primary care or custody of the respondent for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition;
(4) The nature of the protective arrangement sought;
(5) The reason the protective arrangement sought is necessary, including a brief description of:
(a) The nature and extent of the respondent’s alleged need;
(b) Any less restrictive alternative for meeting the respondent’s alleged need which has been considered or implemented;
(c) If no less restrictive alternative has been considered or implemented, the reason less restrictive alternatives have not been considered or implemented; and
(d) The reason other less restrictive alternatives are insufficient to meet the respondent’s alleged need;
(6) The name and current address, if known, of any person with whom the petitioner seeks to limit the respondent’s contact;
(7) Whether the respondent needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings;
(8) If a protective arrangement instead of guardianship is sought and the respondent has property other than personal effects, a general statement of the respondent’s property with an estimate of its value, including any insurance or pension, and the source and amount of any other anticipated income or receipts; and
(9) If a protective arrangement instead of conservatorship is sought, a general statement of the respondent’s property with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts.
[ 2019 c 437 § 504.]