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Order Appointing Successor Guardian Of Person And Or Estate Form. This is a Washington form and can be use in Spokane Local County.
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Tags: Order Appointing Successor Guardian Of Person And Or Estate, 10A, Washington Local County, Spokane
(Copy Receipt)
(Clerk’s Date Stamp)
SUPERIOR COURT OF
WASHINGTON
COUNTY OF SPOKANE
In the Guardianship of:
CASE NO.
ORDER APPOINTING SUCCESSOR:
LIMITED
FULL GUARDIAN OF PERSON AND/OR
LIMITED
FULL GUARDIAN OF ESTATE
An Incapacitated Person
(ORAPGD) (CLERK’S ACTION REQUIRED)
CLERK’S INFORMATION SUMMARY
Due Date for Initial Personal Care Plan and Inventory:
Due Date for Receipt(s) of Funds in Blocked Account(s):
Due Date for Report and Accounting:
The Clerk Shall Notify the Auditor of Loss of Voting Rights Yes
Certified Professional Guardian
No
Non Professional Guardian (training required)
THIS MATTER came on regularly for hearing on a Petition for Appointment of
Successor Guardian or Limited Guardian of
, an Incapacitated Person.
The Court makes the following:
#10A-ORDER APPOINTING SUCCESSOR GUARDIAN OF PERSON AND/OR
ESTATE
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I.
FINDINGS OF FACT
1. There is a need to appoint a successor guardian in that the previous guardian:
is deceased,
has resigned,
has been discharged.
2. Guardian: The proposed Guardian is qualified to act as Guardian of the Person
and/or Estate of the Incapacitated Person. Proposed Guardian’s address, phone numbers
and email address are as follows:
Address:
*Telephone #(s): Business
Personal
E-mail address:
3. Guardian ad Litem Fees and Costs:
Not Applicable
The Guardian ad Litem was appointed at
county
state expense and shall submit
a motion for payment of fees and costs pursuant to the local rules.
The Guardian ad Litem has requested a fee of $
reimbursement of $
the amount of $
for services rendered and
for costs incurred while acting as Guardian ad Litem. Fees in
and costs in the amount of $
are reasonable and should be
paid as follows:
$
by the Guardian from the guardianship estate and/or
$
by
for the following reason(s):
.
4. Bond: The assets of the Incapacitated Person:
Total less than three thousand dollars ($3,000) and no bond is required.
Exceed three thousand dollars ($3,000) and should be placed in a blocked account
with an insured financial institution or bonded, unless the guardian is a bank or trust
company.
Are to be held by a nonprofit corporation authorized to act as Guardian, and the Court
waives any bond requirement.
5. Right to Vote: The Incapacitated Person
is
is not capable of exercising the
right to vote.
II.
#10A-ORDER APPOINTING SUCCESSOR GUARDIAN OF PERSON AND/OR
ESTATE
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CONCLUSIONS OF LAW
1. That
is an Incapacitated Person within the meaning of RCW Chapter 11.88,
and a
Full
Limited Guardian of the Person and/or
Full
Limited Guardian of the Estate should be appointed; and that
is a fit
and proper person as required by RCW 11.88.020 to be appointed.
2. That any special powers of the Guardian or limitations and restrictions placed on the
Incapacitated Person should be as follows:
Not Applicable
The Right to Vote is Revoked
Other:
III.
ORDER
It is hereby ordered:
1. Appointment of Guardian:
is appointed as
Full
Limited Guardian of the Person and/or
Full
Limited Guardian of the Estate of
, and the powers of the Guardian and
the limitation and restrictions placed on the Incapacitated Person shall be as set forth in
Conclusion of Law 2.
2. Letters of Guardianship/Limited Guardianship: The Clerk of the Court shall issue
letters of
Full
Limited Guardianship of the Person and/or
Full
Limited Guardianship of the Estate to
, upon the filing of an oath,
Verification of Completion of Mandatory Guardian Training or an order waiving
training,
Guardianship bond in the amount of $
or
bond is waived.
The following account(s) shall be blocked and a Receipt of Funds in Blocked Account
(form #37) shall be filed with the court no later than 30 days from the date of this order.
#10A-ORDER APPOINTING SUCCESSOR GUARDIAN OF PERSON AND/OR
ESTATE
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.If bond is waived, the Guardian is required to report to the Court if the total
assets of the Incapacitated Person reaches or exceeds Three Thousand Dollars. Pursuant
to RCW 11.88.100, the Guardian of the Estate shall file a yearly statement showing the
monthly income of the Incapacitated Person if said monthly income, excluding moneys
from state or federal benefits, is over the sum of Five Hundred Dollars per month for any
three consecutive months.
3. Report of Substantial Change in Income of Assets: Within 30 days of any
substantial change in the Estate’s income or assets, the Guardian of the Estate shall report
to the Court and schedule a hearing. The purpose of the hearing will be for the Court to
consider changing the bond or making other provision in accordance with RCW
11.88.100.
4. Inventory: Within three months of appointment, the Guardian of the Estate shall file
a verified Inventory of all the property of the Incapacitated Person, which shall come into
the Guardian’s possession or knowledge, including a statement of all encumbrances, liens
and other secured charges on any item. A review hearing upon filing of the inventory
is required
is not required.
5. Disbursements: On or before the date the Inventory is due, the Guardian of the
Estate shall also apply to the Court for an Order Authorizing Disbursements on behalf of
the Incapacitated Person as required by RCW 11.92.040.
6. Personal Care Plan: The Guardian of the Person shall complete and file within
three (3) months after appointment a Personal Care Plan which shall comply with the
requirements of RCW 11.92.043(1).
7. Status of Incapacitated Person: Unless otherwise ordered, the Guardian of the
Person shall file an annual report on the status of the Incapacitated Person that shall
comply with the requirements of RCW 11.92.043(2).
8. Substantial Change in Condition or Residence: The Guardian of the Person shall
report to the Court within thirty (30) days any substantial change in the Incapacitated
Person’s condition, or any change in residence of the Incapacitated Person.
#10A-ORDER APPOINTING SUCCESSOR GUARDIAN OF PERSON AND/OR
ESTATE
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9. Designation of Standby Guardian: The Guardian shall file a written designation of
a standby Guardian that complies with the requirements of RCW 11.88.125.
10. Authority for Investment and Expenditure: The authority of the Guardian of the
Estate for investment and expenditure of the ward’s estate is as follows:
11. Duration of Guardianship: This Guardianship shall continue in effect:
until
[date]; OR
until terminated pursuant to RCW 11.88.140;
the necessity for the Guardianship to continue shall be periodically reviewed.
12. Discharge/Retention of Guardian ad Litem:
The Guardian ad Litem is discharged; or
The Guardian ad Litem shall continue performing further duties or obligations as
follows:
13. Notice of Right to Receive Pleadings: The following persons are described in RCW
11.88.090(5)(d), and the Guardian shall notify them of their right to file with the Court
and serve upon the Guardian, or the Guardian’s attorney, a request to receive copies of
pleadings filed by the Guardian with respect to the Guardianship:
Name
Address
14. Guardian Fees:
DSHS cases: The Guardian is allowed such fees and costs as permitted by the
Washington Administrative Code in the amount of $
per month as a deduction
from the incapacitated person’s participation in the DSHS cost of care. Such fees are
subject to court review and approval. This deduction is approved for the initial twelve
month reporting period and ninety days thereafter, from the date of this order to
.
The Guardian may petition for fees in excess of the above amount only on notice to the
appropriate DSHS Regional Administrator per WAC 388.71; OR
#10A-ORDER APPOINTING SUCCESSOR GUARDIAN OF PERSON AND/OR
ESTATE
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Non-DSHS cases: The Guardian shall petition the Court for approval of fees. The
Guardian may advance itself $
per month subject to Court review and approval.
15. Guardian ad Litem Fee:
Not Applicable
Fees and costs are approved as reasonable; OR
The Guardian ad Litem fees and costs are approved as reasonable in the total amount
of $
. They shall be paid from
Spokane County, OR
the Guardianship estate assets,
other source(s) as follows:
are approved as reasonable in the
16. Legal Fees: The legal fees and costs of
amount of $
.
, and shall be paid from the
Guardianship estate assets OR
other source(s) as follows:
17. Guardian’s Report: The Guardian’s report shall cover the
12 (twelve) month
24 (twenty-four) month or
36 (thirty-six) month
period following the appointment. The Guardian’s report is due within 90 days of the
end of the reporting period and shall comply with the requirements of RCW
11.92.040(2).
DATED AND SIGNED IN OPEN COURT THIS
DAY OF
, 20
.
__________________________________________________
Judge/Court Commissioner
Presented by:
Signature of Petitioner/Attorney
Printed Name of Petitioner/Attorney,
WSBA/CPG #
Address
City, State, Zip Code
#10A-ORDER APPOINTING SUCCESSOR GUARDIAN OF PERSON AND/OR
ESTATE
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*Telephone/Fax Number
Email Address
*Under GR 22 (b) (6), parties’ personal telephone number(s) are confidential
information. If you do not want your personal phone number(s) on this public
form, complete form #S2-Sealed Confidential Information and file in the
confidential file.
Copy received and approved by:
____________________________________
Guardian ad Litem
#10A-ORDER APPOINTING SUCCESSOR GUARDIAN OF PERSON AND/OR
ESTATE
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