§ 11.88.095. Disposition of guardianship petition
(1) In determining the disposition of a petition for guardianship, the court's order shall be based upon findings as to the capacities, condition, and needs of the alleged incapacitated person, and shall not be based solely upon agreements made by the parties.
(2) Every order appointing a full or limited guardian of the person or estate shall include:
(a) Findings as to the capacities, condition, and needs of the alleged incapacitated person;
(b) The amount of the bond, if any, or a bond review period;
(c) When the next report of the guardian is due;
(d) Whether the guardian ad litem shall continue acting as guardian ad litem;
(e) Whether a review hearing shall be required upon the filing of the inventory;
(f) The authority of the guardian, if any, for investment and expenditure of the ward's estate; and
(g) Names and addresses of those persons described in RCW 11.88.090(5)(d), if any, whom the court believes should receive copies of further pleadings filed by the guardian with respect to the guardianship.
(3) If the court determines that a limited guardian should be appointed, the order shall specifically set forth the limits by either stating exceptions to the otherwise full authority of the guardian or by stating the specific authority of the guardian.
(4) In determining the disposition of a petition for appointment of a guardian or limited guardian of the estate only, the court shall consider whether the alleged incapacitated person is capable of giving informed medical consent or of making other personal decisions and, if not, whether a guardian or limited guardian of the person of the alleged incapacitated person should be appointed for that purpose.
(5) Unless otherwise ordered, any powers of attorney or durable powers of attorney shall be revoked upon appointment of a guardian or limited guardian of the estate.
If there is an existing medical power of attorney, the court must make a specific finding of fact regarding the continued validity of that medical power of attorney before appointing a guardian or limited guardian for the person.
[1995 c 297 § 5; 1991 c 289 § 6; 1990 c 122 § 9.]
Notes:
Effective date -- 1990 c 122: See note following RCW 11.88.005.
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Last modified: April 7, 2009