Complete and sign the: Notice of Filing of Petition for Guardianship form.

This form, when completed and signed, is required to be personally served, along with a copy of the Petition for Guardianship, on the incapacitated person (as well as on any appointed GAL), ie, not by mail and by an adult who is not a party to the matter.  RCW 11.88.030(4)  Service can be made, for example, informally, by a friend or an acquaintance or, formally, by a professional process server.

Process servers can be found in the telephone book, under "Process Servers," generally cost around $40-50, and, following service of process, will either return to you and file themselves with the Court a Return of Service of Process, confirming that service was made.

b.  Notice of Hearing

Complete and sign the:  Notice of Hearing & Declaration of Mailing form.

        i.  If Incapacitated Person Is Age 14 or Older.  This form, when completed and signed, is also required to be personally served on the incapacitated person if age 14 or older (as well as on any appointed GAL), ie, not by mail and by an adult who is not a party to the matter.  RCW 11.88.040  If you set a hearing on your Petition when you filed it, then the Notice of Filing and Notice of Hearing can be served simultaneously.  If you did not set a hearing when you filed your Petition, then you will likely need to make another personal service on the Incapacitated Person (for the Notice of Hearing) and may or may not need to have the server complete another Return of Service form, as described above (depending on whether the server is a friend or a professional, respectively).

You may use the Notice of Hearing & Declaration of Mailing form for personal service of Notice of Hearing; just don't fill in the signature block after the Declaration of Mailing portion of it.

        ii.  If Incapacitated Person Is Under Age 14.  This form, when completed and signed, is required to be served on the incapacitated person if under age 14 either:

c.  Exceptions to the Notice Requirement

No Notice of Hearing is required if:

• The Incapacitated Person is:
  

  • Under the age of 14 and one of his/her parents signs the Petition for Guardianship, or 

  • Between the ages of 14 and 18 and he/she has consented in writing to the appointment of the person nominated as Guardian in the Petition for Guardianship; or
    

• The Petitioner is a nonresident guardian of the Incapacitated Person.  RCW 11.88 040(4)

Presumably, in these three foregoing situations, neither Notice of Hearing nor Notice of Filing is required, because:

• If the Incapacitate Person is under 14 and one of his/her parents signs the Petition, then any Notice of Filing served on the Incapacitated Person would in effect be served on the parent, so service of Notice of Filing should be moot. 

• If the Incapacitate Person is between the ages of 14 and 18 and has consented in writing to the appointment, then his/her consent should obviate the requirement for service of Notice of Filing. 

• If the Petitioner is a nonresident guardian of the Incapacitated Person, then any Notice of Filing served on the Incapacitated Person would in effect be required to be served on that nonresident guardian, so service of Notice of Filing should be moot.

Consequently, in these three situations, a Petition for Guardianship should be able to be "walked through the Court," without any need for service of Notice (of either Filing or Hearing) upon anyone.

RCW 11.88.030(4) also requires that if a GAL was required to be appointed, he/she, like an incapacitated person 14 years or older, is required to be personally served with a copy of the:

b.  "Work-Around" for Personal Service on Guardian ad Litem

Practically speaking, while it is often necessary to personally serve the incapacitated person, as they generally lack the ability to sign a receipt for service, that is not the case with a GAL.  Personal service, and its attendant cost, can be avoided if the GAL is willing to sign and file a receipt for service by mail.  Consequently, what is often done is for the Petitioner to prepare an:  Acceptance of Service by Guardian ad Litem form, and mail its original, along with a copy of the Petition and Order Appointing Guardian ad Litem & Notice of Hearing by first class mail to the GAL, requesting the GAL to sign the Acceptance and file it with the Court.  If you use this "work-around" for avoiding personal service on the GAL, make sure that the GAL does sign the Acceptance and files it with the Court.  This is most easily accomplished by having the GAL mail you a conformed copy of his/her filed Acceptance.

c.  Possible Additional Service

Subject to the foregoing exception, mail by certified mail, Return Receipt Requested, a copy of your completed and signed Notice of Hearing & Declaration of Mailing to each other person entitled to receive Notice of Hearing and file its original with the Court:

By completing the instructions on the Preparing for Court and Going to Court pages, you will have completed the steps required to create a typical guardianship and obtain your Letters of Guardianship.  Your next step is to begin your management of the guardianship.