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

Going to Court
Adapted with permission from Washington Guardianship http://www.wa-guardianship.com
a service of the Law Office of Richard Wills

The foregoing, although written for the purpose of opening a Decedent's estate, is largely applicable for the purpose of creating a guardianship --- with six significant exceptions.  Unlike a Decedent's estate:

1. A Notice of Filing of your Petition for Guardianship is usually required to be served; furthermore, it must be served personally, i.e., not by mail.  See: Notice that a Petition for Guardianship Has Been Filed 

2. A filing fee is not required to be paid for some guardianships.  See: Drafting a Proposed Order Waiving Filing Fee 

3. A Guardian ad Litem must be appointed for most guardianships.  See: Drafting a Proposed Order Appointing Guardian ad Litem & Notice of Hearing 

4. Notice of Hearing is usually required; furthermore, the Notice requirements in general are different, complex, easily misunderstood, and need further explanation.  See: Giving Notice. 

5. The alleged incapacitated person is required to attend the hearing on the Petition for Guardianship unless the Court waives this requirement "for good cause other than mere inconvenience ....  Alternatively, the Court may may remove itself to the place of residence of the alleged incapacitated person and conduct the final hearing in [his/her] presence ...."  RCW 11.88.040 

6. The hearing on the Petition for Guardianship may be held in closed Court without admittance of any person other than those necessary to the proceeding.  RCW 11.88.040

 1.  The Notice of Filing of Petition for Guardianship Requirement     Back to Top

1. File your Petition and any other pleadings at the Courthouse; 

2. Go home, satisfy the two Notice requirements, and wait until your hearing:
   

   1. Notice of Filing (within five Court days after filing your Petition), and 

   2. Notice of Hearing (most easily done with your Notice of Filing and required to be done at least ten days before your hearing); and
      

3. Return to the Courthouse (generally around two months after filing your Petition) to attend the hearing on your Petition.

1. At the Court Clerk's Office, have the clerk stamp the originals of your:
   

   1. If in King County: King County Superior Court Case Information Cover Sheet & Case Assignment Designation; and 

   2. Petition for Guardianship; 

   3. Declaration of Proposed Guardian; and 

   4. Order Appointing Guardian ad Litem & Notice of Hearing. 

   5. If you are allowed to set your own hearing date (eg, you are filing in King County), set your hearing date suitably and conveniently. 

   6. If not in King County, ask the Clerk how hearings are set, and if in your county, the Clerk's Office sets hearings, then negotiate with the clerk for a suitable and convenient date and time for you and the incapacitated person and set your hearing for that date and time. 

   7. Pay the filing fee & get a receipt for it.
      

2. Take all your stamped documents to the probate Court and hand them to the Judge's clerk:
   

   1. Have the Court appoint a Guardian ad Litem ("GAL"); and 

   2. Obtain the GAL's name and telephone number.
      

3. Go home and satisfy the Notice requirements (see Giving Notice for detailed instructions):
   

   1. Serve a copy of the Petition for Guardianship, the Notice of Filing of Petition for Guardianship, and the Notice of Hearing & Declaration of Mailing on the incapacitated person (if age 14 or older); 

   2. Serve a copy of those documents plus the Declaration of Proposed Guardian and Order Appointing Guardian ad Litem & Notice of Hearing on the GAL (or send them plus an Acceptance of Service to the GAL); 

   3. Mail by certified mail, return receipt requested, a copy of the Notice of Hearing & Declaration of Mailing to all other persons required to receive it; and 

   4. Wait until your hearing date, usually in about two months, in order to allow sufficient time for the GAL to make his/her investigation and file his/her Report of Guardian ad Litem with the Court.  In other words, you will:
      

      1. Go to Court initially, to file your initial documents and obtain the appointment of the GAL; and 

      2. Return to Court approximately two months later to attend the hearing on your Petition.

       

4. On your hearing date, go to the probate Court and present to its clerk:
   

   1. The original of any Notice of Filing of Petition sent along with its Return of Service. 

   2. The original of any Notice of Hearing & Declaration of Mailing sent. 

   3. Any Bond you believe to be required. 

   4. The original of your proposed Order Appointing Guardian.
      

5. If the Judge signs your Order Appointing Guardian, return to the Court Clerk's Office and file:
   

   1. The originals of all of your documents having to do with Notice; 

   2. The original of the Order Appointing Guardian, signed by the Judge; 

   3. The original of your Oath of Guardian; and 

   4. If one was required, any Bond.
      

6. Obtain a certified copy of your Letters of Guardianship from the clerk ($2 fee, RCW 36.18.016(8)).

1. Before going to the Court Clerk's Office (Step #1 above), go to the probate Court and present to its Clerk your:
   

   1. Petition for Guardianship; and
      

   2. Order Waiving Filing Fee.
      

   3. Have the Judge sign your Order, and
      

   4. Get the Petition and the signed Order back from the clerk.
      

2. Go to the Court Clerk's Office and:
   

   1. If the Judge has signed your Order, hand your Order Waiving Filing Fee to the Clerk, and
      

   2. Begin the filing process as above but omit paying the filing fee.

4.  Procedure If No Guardian ad Litem Will Be Appointed     Back to Top

If this exception applies to you:

1. In Step #1 of the usual filing procedure:
    

   1. Omit the preparation and filing of an Order Appointing Guardian ad Litem; and
       

   2. Simply file your documents with the clerk, as above, but omit Step #2 (Going to the probate Court to obtain the appointment of the GAL).

5.  Procedure If No Notice of Hearing Is Required     Back to Top

1. No Guardian ad Litem is required to be appointed (ie, "minority only" + "parent consents"), and
   

2. Either:
   

   1. The minor is under the age of 14, or
      

   2. If the minor is age 14 or older, the minor consents in writing to the appointment of the nominated Guardian.

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Can't find the answer to your question here? Call the Arc of King County at: (206) 364-6337 or toll-free (in Washington only) 1-877-964-0600 8:30am - 4:30pm Monday - Friday You may also use the online form or e-mail connections@arcofkingcounty.org

To request the addition/correction of a resource listing, to have your event included in the Community Calendar or Recreation calendar, or for other questions:  e-mail Jeff Welch at jwelch@arcofkingcounty.org or phone (206) 349-6182 .

Listings in Community Connections and events on the Community Calendar come from a variety of host organizations and individuals.  For information about events, please contact the event sponsor.  The distribution of information  via Community Connections does not imply sponsorship or endorsement of any specific organization or event by The Arc of King County, the King County Developmental Disabilities Division, or affiliated entities.

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