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Managing
the Guardianship
Guardian of the Person:Court Reporting Requirements
Adapted with permission from Washington Guardianship
http://www.wa-guardianship.com
a
service of the Law Office of
Richard Wills
Promptly Following Appointment Back to Top
a. Designation of Standby Guardian Back to Top
Designate a Standby Guardian --- someone who will serve as Guardian if you are unable to continue to do so. Completing and sign a: Designation of Standby Guardian form, have your designated Standby Guardian sign the Designation consenting to his/her designation, and then:
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File its original with the Court, and
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Send a copy to each of:
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The designated Standby Guardian
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The Incapacitated Person
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Any spouse of the Incapacitated Person
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Any adult child of the Incapacitated Person
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Any facility in which the Incapacitated Person resides
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Any person entitled to Special Notice, and
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Any person entitled to receive pleadings under RCW 11.88.095(2)(g). RCW 11.88.125(1)
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Besides being able to succeed you if you are no long able to continue to serve as Guardian, the Standby Guardian has the authority to provide informed consent for necessary medical procedures for the Incapacitated Person if you cannot be located within four hours after the need for such consent arises. RCW 11.88.125(3)
2. By 3 Months After Appointment Back to Top
The Personal Care Plan is your:
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Assessment of:
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The physical, mental, and emotional need of the Incapacitated Person, and
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The ability of the Incapacitated Person to perform or assist in activities of daily living; together with your:
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Specific plan for meeting the identified and emerging personal care needs of the Incapacitated Person. RCW 11.92.043(1)
a. Personal Care Plan Back to Top
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Complete a: Personal Care Plan form,
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File the original with the Court, and
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Send a copy to each person on the Notice List of the Guardianship.
Timing: Within 3 months of your appointment.
b. Court Approval of Your Personal Care Plan Back to Top
You may (but are not required to) petition the Court for approval of your Personal Care Plan. As the Personal Care Plan, the Guardianship Inventory, and the Proposed Disbursements (the latter two being required of any Guardian of the Estate) are required to be filed by three months after appointment, approval for all of them is often sought in the same Petition.
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To obtain approval of your Personal Care Plan only, complete a: Petition for Approval of Personal Care Plan form and an Order Approving Personal Care Plan form
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To obtain approval of all three items, complete a: Petition for Approval of Personal Care Plan, Inventory, & Proposed Disbursements form and an Order Approving Personal Care Plan, Inventory, & Proposed Disbursements form
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Regarding their disposition, see: Procedure for Filing Guardianship Petitions.
3. Yearly After Appointment Back to Top
Caution: The "anniversary date" of your appointment as Guardian is critical in satisfaction of your Court reporting requirements and is often overlooked by Guardians (especially those not represented by lawyers), to the consternation of the Court. Courts want (and the law requires) Annual Reports and Annual Accounts to be made annually and for the annual period:
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Beginning on the date of your appointment (or every year thereafter), and
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Ending on the next anniversary date of your appointment (ie, twelve months later).
With rare exceptions, all Reports and Accounts are required to be filed by 90 days (effectively, three months) after the end of their period.
Example: You were appointed on April 23, 2001. On every April 23 thereafter, you are required to prepare and, by 90 days thereafter, to file with the Court an Annual Report of the Incapacitated Person for the one-year period ending on that April 23 date. Your first Annual Report would be made for the one-year period from April 23, 2001 through April 23, 2002, and filed by July 23, 2002, effectively three months later, etc.
Some Guardians prefer to set their period to end on the last day of the month in which their anniversary date falls (or the immediately preceding month), for example, March 31 or April 30 for an April 23 anniversary date. While this is not "within the letter of the law," your author has never seen a Court question this practice (so long as there are no "gaps" between periods. Examples for an April 23, 2001 anniversary date:
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First Reporting Period:
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Thereafter:
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An Annual Report is your report on the status of the Incapacitated Person as of every anniversary of your appointment. RCW 11.92.043(2)
If you are a Guardian of the Person Only, complete a: Interim Report of Guardian of the Person Only form and an Order Approving Interim Report of Guardian of the Person Only form and see: Procedure for Filing Notice.
Timing: By 90 days after your anniversary date.
If there is a Guardian of Both the Person and the Estate, then see: Guardian of the Estate: Court Reporting Requirements.
Note: Technically, the formal name for what this website calls an Annual Report is an "Interim Report" or "Intermediate Report." Furthermore, if not only a Guardian of the Person but also a Guardian of the Estate has been appointed (usually the same person), then the Guardian of the Person's Interim Report is due at the same time that the Guardian of the Estate's Interim Account is due. Most Interim Accounts are due annually, which is why Interim Reports and Interim Accounts are known as Annual Reports and Annual Accounts. Occasionally, however, a Guardian of the Estate may be required to account only every three years or, even more rarely, every two years --- in which case those Reports & Accounts are known as Tri-ennial and Bi-ennial Reports & Accounts, respectively.
4. Upon Extraordinary Changes Back to Top
a. Change of Address of Guardian Back to Top
If you move during your service as Guardian, you should inform the Court and all the other interested parties of your change of address. To do so,
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Complete a: Notice of Change of Address of Guardian & Declaration of Mailing form
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File the original with the Court, and
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Send a copy to each person on the Notice List of the Guardianship.
b. Change of Address of Incapacitated Person Back to Top
If the incapacitated Person moves during your service as Guardian, you should inform the Court and all the other interested parties of his/her change of address. To do so:
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File the original with the Court, and
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Send a copy to each person on the Notice List of the Guardianship.
Timing: Within 30 days of the change. RCW 11.92.043(3)
c. Change in Circumstances of Incapacitated Person Back to Top
If any significant change occurs in the circumstances of the Incapacitated Person, you should inform the Court and all the other interested parties of the change. Possibilities include a material change in:
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Health, such as hospitalization or major illness, or
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Mental abilities.
To do so:
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Complete a: Notice of Change in Circumstances of Incapacitated Person & Declaration of Mailing form,
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File the original with the Court, and
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Send a copy to each person on the Notice List of the Guardianship.
Timing: Within 30 days of the change. RCW 11.92.043(3)
d. Death of Incapacitated Person Back to Top
If the Incapacitated Person dies, then the guardianship automatically terminates (RCW 11.88.140(1)(c)), and you should:
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Complete a: Notice of Death of Incapacitated Person & Declaration of Mailing form,
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File the original with the Court, and
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Send a copy of it to each person on the Notice List of the Guardianship.
Timing: Within 30 days of date of death. RCW 11.92.043(3)
Lastly, you must undertake the Final Report & Account procedure (and file your Final Report & Account within 90 days of date of death). See: Incapacitated Person Dies.
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