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A Resource Guide for Children and Adults With Developmental Disabilities Living in King County

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Working with a Blocked Account
Adapted with permission from Washington Guardianship http://www.wa-guardianship.com
a service of the Law Office of Richard Wills

What Is a Blocked Account?

Procedure for Creating and Depositing Funds into a Blocked Account

Procedure for Withdrawing Funds from a Blocked Account
1. By Guardian, eg, for Guardianship Expenses

A. What Is a Blocked Account? Back to Top

A "blocked account," a creature of guardianship law, is an account at a savings and loan, bank, trust company, escrow corporation, or other corporation approved by the Court such that:

The depository (eg, a bank) signs a receipt for the funds and securities deposited into the account, stating that they will not be released until further order of Court, and
The Guardian files the receipt (what is known as a "Receipt of Funds into Blocked Account") with the Court. RCW 11.88.105

Besides for providing safeguarding for the blocked funds, creating a blocked account and depositing guardianship funds can be advantageous:

Funds deposited into a blocked account are usually (but not necessarily) ignored by the Court in its determination of the amount of Bond required to be posted by the Guardian. RCW 11.88.105

If all funds of a guardianship for a minor are deposited into a blocked account, and no withdrawals are made from the blocked account, then no Accounts (either Interim or Final) for the guardianship are required at all, and the guardianship will terminate on the minor's 18th birthday, when he/she becomes entitled to receive all the funds in the blocked account. RCW 11.92.040(3) & 11.88.140

B. Procedure for Creating and Depositing Funds into a Blocked Account Back to Top

Deposit funds with an approved depository, such as a bank or savings and loan

In receipt of your deposit, have an authorized agent of the depository sign a: Receipt of Funds into Blocked Account form

File the Receipt with the Court. RCW 11.88.105

C. Procedure for Withdrawing Funds from a Blocked Account Back to Top

Withdrawals from a blocked account can occur for two different reasons, made by two different persons, each requiring different forms:

By the Guardian, for example, to obtain additional funds to pay the ordinary, day-to-day expenses of the Guardianship or the Incapacitated Person, such as rent, food, supplies, taxes, etc., or
By the Minor of a Guardianship in which:
- The only reason for the Guardianship is that the Incapacitated Person is a minor, ie, under 18 years old, and
- The minor has attained age 18 and, as a result, is now entitled to receive all the assets of the Guardianship after payment of its expenses.

1. By Guardian, eg, for Guardianship Expenses Back to Top

Complete a: Petition for Approval of Withdrawal from Blocked Account form.
If one is not already on file, complete a: Guardianship Inventory form.
Complete whichever form is appropriate: Guardian's Annual Report & Account (Over $80,000) form or a Guardian's Annual Report & Account (Under $80,000) form.

In completing it, omit the parts of the form having to do with the personal circumstances of the incapacitated person, for example, the Personal Care Plan, and concentrate on the questions about assets, income, disbursements, etc. Begin the Account on the date of your appointment (or, if you have filed one, the ending date of your last Account on file), and end the Account on a current date, for example, the last day of the month before the month in which you plan to file your Petition for Withdrawal.

Lastly, complete an: Order Approving Withdrawal from Blocked Account form. Remove the "[& Terminating the Guardianship]" from the title (under the Case. No.).

File the original your Petition, Inventory, and Account (but not the Order) with the Court.
Set a hearing, send a copy of your Petition to each person of the Notice List of the Guardianship, and prepare and file a: Notice of Hearing on Petition for Withdrawal from Blocked Account & Declaration of Mailing form. Attend the hearing and obtain the Judge's signature on the Order.
Present the Order to the depository and obtain the funds.
Complete and file with the Court a: Receipt upon Withdrawal of Funds from Blocked Account by Guardian form.

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