Law Office of John S. Palmer Attorney at Law

Standby Guardians

Posted Friday, August 9, 2013 by John S. Palmer

Washington has long required guardians to appoint a standby guardian within 90 days of their appointment.

The duties of the standby guardian are generally twofold: to notify the court of the death or incapacity of the guardian, so that a new guardian can be appointed (and to assume all the powers, duties and obligations of the guardian in the interim); and to provide timely, informed consent to necessary medical procedures for the incapacitated person if the guardian cannot be located within 4 hours after the need for such consent arises.

Pursuant to a new law that took effect July 28, a standby guardian may now also assume the role of acting guardian during a planned absence of the primary guardian. This new provision is codified as RCW 11.88.125(3) and provides:

Prior to the commencement of the guardian’s or limited guardian’s planned absence and prior to the standby guardian or standby limited guardian assuming any duties, responsibilities, and powers of the guardian or limited guardian, the guardian or limited guardian shall file a petition in the superior court where the guardianship or limited guardianship is being administered stating the dates of the planned absence and the duties, responsibilities, and powers the standby guardian or standby limited guardian should assume. The guardian or limited guardian shall give notice of the planned absence petition to the standby guardian or standby limited guardian, the incapacitated person and his or her spouse or domestic partner and adult children, any facility in which the incapacitated person resides, and any person who requested special notice under RCW 11.92.150.

Upon the conclusion of the hearing on the planned absence petition, and a determination by the court that the standby guardian or standby limited guardian meets the requirements of RCW 11.88.020, the court shall issue an order specifying: (i) The amount of bond as required by RCW 11.88.100 through 11.88.110 to be filed by the standby guardian or standby limited guardian; (ii) the duties, responsibilities, and powers the standby guardian or standby limited guardian will assume during the planned absence; (iii) the duration the standby guardian or standby limited guardian will be acting; and (iv) the expiration date of the letters of guardianship to be issued to the standby guardian or standby limited guardian.

Letters of guardianship consistent with the court’s ruling on the planned absence petition will be issued to the standby guardian or standby limited guardian upon filing an oath and posting any bond required by RCW 11.88.100. The standby guardian or standby limited guardian must give notice of such appointment to the same parties who were entitled to notice of the petition (the incapacitated person, his or her spouse, domestic partner and adult children, any facility in which the incapacitated person resides, and any person entitled to special notice under RCW 11.92.150.)

If you have any questions or would like to schedule an appointment, please call us at (425) 455-5513, toll free at (877) 455-5513, or info@palmerlegal.com.