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Wednesday, February 28, 2018

Renewing Letters of Guardianship for 5 Years: WA State

by Gregory Williams, Esq. | Under Washington State law, is it possible to renew Letters of Guardianship for 5 years? Here's my point of view (NOTE: please read our DISCLAIMER before proceeding).

LETTERS OF GUARDIANSHIP

Typically, in the State of Washington, Letters of Guardianship are renewed for a period of 12, 24, or 36 months. However, the law allows courts to order the clerk to issue Letters of Guardianship that are valid for a period of up to five years from the anniversary date of the appointment. See RCW 11.88.127(2)

COURT CONSIDERATIONS

When determining the time period for which the letters will be valid, the court is required to consider the following:
  1. The length of time the guardian has been serving the incapacitated person; 
  2. whether the guardian has timely filed all required reports with the court; 
  3. whether the guardian is monitored by other state or local agencies; and 
  4. whether there have been any allegations of abuse, neglect, or a breach of fiduciary duty against the guardian.
Id. (emphasis added).

CONCLUSION

In Washington State, one may request the court to renew Letters of Guardianship for up to 60 months (5 years), and the likelihood of success will be based in part upon the court’s discretion and ones ability to establish a combination of the four considerations above to the court’s satisfaction. I have successfully acquired 5-year terms on behalf of former clients.


LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with either this author or Williams Law Group, PS; please see our DISCLAIMER.

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