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Terminating
the
Guardianship
Adapted with permission from Washington Guardianship
http://www.wa-guardianship.com,
a
service of the Law Office of
Richard Wills
A guardianship terminates upon the occurrence of any of events A through E above. What is required thereafter is described below.
If the only reason for the guardianship is that the Incapacitated Person is a minor, then the guardianship automatically terminates on the minor's 18th birthday (RCW 11.88.140(1)(a)), and the Guardian is required to disburse the guardianship's assets to the ex-minor.
A Problem: Upon the creation of a Guardianship all of whose funds were to be deposited into a blocked account for the minor, the Order creating the Guardianship likely provided for one or the other of the following provisions regarding the minor's 18th birthday and access to the funds:
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Either that the depository was authorized to release the funds to the ex-minor without further order of Court upon proof, such as the ex-minor's valid Driver's License, that the ex-minor had attained age 18,
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Or that the depository was authorized to release the funds only upon further order of Court, ie, that the ex-minor had attained age 18.
In King County, the practice used to favor the former but appears to have recently changed to the latter. Check your relevant Order to determine whether or not you will have to obtain another Court Order for the ex-minor to obtain any blocked funds. The following procedure assumes that such an Order is necessary. If not, proceed directly with the Declaration of Completion of Guardianship procedure described below.
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Complete a:
and an
Remove the brackets around "& Terminating the Guardianship" in the caption of the Order.
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File the original of your Petition with the Court,
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Set a hearing, send a copy of your Petition to each person of the Notice List of the Guardianship, and prepare and timely file a Notice of Hearing & Declaration of Mailing.
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Attend the hearing and obtain the Judge's signature on the Order.
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Along with the ex-minor, present the Order to the depository and have the ex-minor obtain the funds (or transfer the funds into an account in his/her sole name).
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Preferably, have the ex-minor complete and hand to you a:
If the ex-minor is unwilling to execute that form, have him/her complete and hand to you a:
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Then formally terminate the guardianship by following the Declaration of Completion of Guardianship procedure described below.
1. The Declaration of Completion of Guardianship Procedure ñ
The procedure for perfecting the termination of a Guardianship for an ex-minor is analogous to that for closing a nonintervention probate estate, namely, by filing with the Court a Declaration of Completion of Guardianship --- that is, ordinarily, no Account is required to be filed and no hearing held except if an Order is required to unblock a blocked account. RCW 11.88.140(2) As with filing a Declaration of Completion of Probate, there is both an "simple way" and a "not so simple way" to go about the Declaration of Completion of Guardianship procedure.
a. Terminating the Guardianship - Simply ñ
On the one hand, the termination process is substantially simplified if you can obtain a statement from the ex-minor that he/she has not only received all property from the guardianship to which he/she is entitled, but also that he/she effectively consents to your actions as Guardian. If this is possible and you have not already obtained one from the ex-minor, then complete a:
and have the ex-minor sign and deliver a copy of this form to you in receipt of his/her distribution of all the assets of the guardianship. Then complete a:
File your completed Declaration of Completion and the signed Receipt & Waiver with the Court (with a copy of each for conformation and return). Upon your filing:
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The guardianship closes,
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You are discharged, and
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Any Bond that was required is exonerated. RCW 11.88.140(2)
b. Terminating the Guardianship - Not So Simply ñ
If the ex-minor is unwilling to effectively consent to your actions as Guardian and you have not already obtained a Receipt from the ex-minor, then complete a:
and have the ex-minor sign and deliver a copy of this form to you in receipt of his/her distribution. Complete a:
and file it with the Court (with copy for conformation and return). Finally, complete a:
Attach a copy of your filed Declaration of Completion to your Notice of Filing & Declaration of Mailing and:
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File the original Notice of Filing & Declaration of Mailing with the Court (with copy for conformation and return), and
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Mail a copy of the combined document (Notice + Declaration of Completion) to the ex-minor.
Timing: Within 5 days of filing your Declaration of Completion.
So long as the ex-minor does not timely file with the Court and serve on you an Objection to your Declaration of Completion, the guardianship will effectively terminate, as above, 30 days after filing your Declaration of Completion. RCW 11.88.140(2)
2. Formal Alternative: The Final Report & Account Procedure ñ
Instead of filing a Declaration of Completion of Guardianship, the Guardian may terminate the Guardianship by undertaking the Final Report & Account procedure, described below, the standard termination procedure for all other types of Guardianship terminations, although it is unclear why, given the simplicity of the Declaration of Completion method, a Guardian would elect this alternative.
B. Incapacitated Person Dies ñ
If the Incapacitated Person dies, then the guardianship automatically terminates (RCW 11.88.140(1)(c)), and the Guardian can only disburse funds for the disposition of the deceased Incapacitated Person's remains. RCW 11.88.150(1) If the Guardian desires not only to disburse such funds but also to decide how the remains are to be disposed of, then the Guardian is subject to the provisions of RCW 68.50.160, which, in combination with RCW 11.88.150 (1), provide:
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First, that a person has the right to control the disposition of his/her remains at death;
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Thereafter, that if no such prearrangements have been made, a statutory priority order among family members exists to determine who has the right to control the disposition of the remains of the deceased Incapacitated Person; and
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Finally, that if no such authorized person accepts responsibility for exercising that right, the Guardian may dispose of the remains subject to any known directives of the deceased Incapacitated Person.
Any claim against the guardianship estate that remains unpaid at the Incapacitated Person's death cannot be paid by the Guardian but must be resubmitted as a Creditor's Claim in the Incapacitated Person's probate estate. RCW 11.88.140(4)
If the Incapacitated Person dies intestate (but not testate), the Guardian, under his/her existing Letters of Guardianship, may continue to administer the guardianship estate as a probate estate by petitioning the Court for, and obtaining, an Order transferring the guardianship proceeding to a probate proceeding having the same case number as the guardianship. See: The Death of an Intestate Ward.
The Guardian should complete a:
file the original with the Court, and send a copy of it to each person on the Guardianship's Notice List.
Timing: Within 30 days of date of death.
Lastly, a Guardian must undertake the Final Report & Account procedure, described below.
C. Incapacitated Person Adjudicated Capable (or no longer incapacitated) ñ
or
D. Guardianship Adjudicated Unnecessary ñ
or
E. Time of "Timed" Guardianship Expires (ie, guardianship for 1 year, and the year is over --- applicable only to Limited Guardianships, not covered by this website) ñ
Upon any of these events, the guardianship automatically terminates, and the authority of a Guardian of the Estate ceases except for making disbursements for:
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Claims that have been, or may be, allowed by the Court;
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Liabilities already incurred for the guardianship or the Incapacitated Person, or
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Expenses of administration of the guardianship. RCW 11.88.140(1)(b)&(d) & 11.88.140(4)
In any of these situations, a Guardian must undertake the Final Report & Account procedure, described below.
F. Death, Resignation, or Replacement of Guardian ñ
Upon the death or resignation of a Guardian or for any "other good reason," the Court can terminate or modify the guardianship or replace the Guardian. RCW 11.88.120(1) For the procedure to remove and replace a Guardian, see: Removing & Replacing the Guardian.
Upon any such termination of a guardianship or replacement of a Guardian, the Final Report & Account (for the guardianship or by the replaced Guardian, respectively) procedure is required to be undertaken.
G. The Final Report & Account Procedure ñ
Except in the case of a minor who has reached age 18, any other Guardian upon guardianship termination must undertake what this website calls the Final Report & Account procedure:
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The Guardian prepares and files a Final Report & Account, virtually identical to an Interim Report & Account but with the accounting period ending at the date of termination, eg, the date of death of the Incapacitated Person, adjudication, or expiration.
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The Final Report & Account is set for hearing.
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Notice of Hearing is given to all interest parties.
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Any interested party may file an Objection, or attend the hearing and object, to the Final Report & Account.
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At the hearing, the Court may take as much testimony as it considers necessary and may appoint a Financial Guardian ad Litem to review the Final Account and report back to the Court in writing.
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When the Court is satisfied that the Final Report & Account is proper and the Guardian has faithfully discharged his/her duties, the Court will enter an Order Approving Final Report & Account, which will be final and binding on the Incapacitated Person (except either on appeal or, in the case of a minor having attained majority, by the minor's 19th birthday in the case of fraud).
Technically, a Guardian of the Person is required to file a Final Report (RCW 11.92.043(2)), and a Guardian of the Estate is required to file a Final Account (RCW 11.92.053). Practically speaking, the Courts have combined these two documents into one general form, a Final Report & Account. Procedurally, if you are a Guardian of either the Person Only or the Estate Only, then use the Final Report & Account form but answer only the portions of it that apply to you.
To begin the process, complete and file a:
| Timing: |
Generally: By 90 days after termination. RCW 11.92.053 Exception: If termination due to guardianship adjudicated as unnecessary: By 30 days after termination. RCW 11.88.140(3) |
Complete a:
Set the hearing (or have the hearing set) according to the procedure of your county; file the original of the form with the Court; and send a copy of it with an attached copy of your Guardian's Final Report & Account & Petition for Approval Thereof to every person on the Guardianship's Notice List..
Timing: At least 10 days before the hearing.
Complete an:
take it with you to the hearing, get the Judge's signature on it, and file it with the Court.
Upon obtaining your Order Approving Guardian's Final Report & Account, take whatever actions are necessary to complete any orders made in that Order, and upon completing them, complete a:
a
and an
Set the hearing (or have the hearing set) according to the procedure of your county; file the original of the Petition and the Notice with the Court; and send a copy of the Notice with an attached copy of the Petition to every person on the Guardianship's Notice List.
Timing: At least 10 days before the hearing.
Take the Order with you to the hearing, get the Judge's signature on it, and file it with the Court.
You're done. Congratulations!
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