Wash. Rev. Code § 11.130.275

Current through 2024

Section 11.130.275 - Notice of hearing for appointment of guardian for adult

(1) All petitions filed under RCW 11.130.270 for appointment of a guardian for an adult shall be heard within sixty-days unless an extension of time is requested by a party or the court visitor within such sixty-day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing date.

(2)

(a) A copy of a petition under RCW 11.130.270 and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.280 not more than five court days after the petition under RCW 11.130.270 has been filed.

(b) Notice under this subsection shall include a clear and easily readable statement of the legal rights of the respondent that could be restricted or transferred to a guardian by a guardianship order as well as the right to counsel of choice and to a jury trial on whether a basis exists under RCW 11.130.265 for the appointment of a guardian and the issue of the respondent's rights that will be retained or restricted if a guardian is appointed. Such notice must be in substantially the same form as set forth in RCW 11.130.657 and must be double-spaced and in a type size not smaller than sixteen point font. The court may not grant the petition if notice substantially complying with this subsection is not served on the respondent.

(3) In a proceeding on a petition under RCW 11.130.270, the notice required under subsection (2) of this section must be given to the persons required to be listed in the petition under *RCW 11.130.270(2) (a) through (c) and any other notice party. Failure to give notice under this subsection does not preclude the court from appointing a guardian.

(4) After the appointment of a guardian, notice of a hearing on a petition for an order under this article, together with a copy of the petition, must be given to:

(a) The adult subject to guardianship;

(b) The guardian; and

(c) Any other notice party or person the court determines pursuant to RCW 11.130.310(5) or a subsequent court order.

RCW 11.130.275

Amended by 2020 c 312,§ 201, eff. 1/1/2022.

Added by 2019 c 437,§ 303, eff. 1/1/2021.

*Reviser's note:RCW 11.130.270 was amended by 2024 c 267 s 3, changing subsection (2) to subsection (3).

Effective dates- 2020 c 312 : See note following RCW 11.130.915.