Local Special Proceedings Rule 98.20
                             ESTATES-GUARDIANSHIPS


     (a)  Hearings. All proceedings in guardianship will normally be presented
Ex Parte  With the Clerk's office.  Matters that require a hearing shall be placed on
the Probate Calendar.

     (b)  Pleadings.  Parties are required to use those guardianship forms approved
by the Benton and Franklin Counties Superior Court for guardianship proceedings.

     (c)  Presentation of Reports and Care Plans.

         (1)  The original of any report, accounting or care plan shall be filed in
the Clerk's Office.

         (2)  A copy of the report, accounting or care plan shall be clearly marked
"BENCH COPY" provided to the Superior Court Guardianship Monitoring Program
together with an original and one copy of a proposed order approving the
report, accounting and/or care plan and a stamped, self-addressed envelope.

         (3)  Originals of any supporting documentation for accountings
shall be filed in the Clerk's Office.  This shall include monthly bank
statements, canceled checks or substitute images thereof provided by the
financial institution, and receipts as appropriate.  If the guardian of the
estate is a bank or trust/agency company, it may file a computer printed
statement of account in lieu of receipts or canceled checks.  However, it must
still complete the Report and Accounting form.

         (4)  Copies of any supporting documentation for accountings shall be
provided to the Superior Court Guardianship Monitoring Program.  This shall
include monthly bank statements, canceled checks or substitute images thereof
provided by the financial institution, and receipts as appropriate.  If the
guardian of the estate is a bank or trust/agency company, it may file a
computer printed statement of account in lieu of receipts or canceled checks.
However, it must still complete the Report and Accounting form.

   (d)  Final Accounting.  When a guardianship of the estate terminates and
a guardian files a final account, an order shall be presented to the court
setting a hearing on notice pursuant to RCW 11.92.053.  The order shall be on a
form approved by the court.  However, if the sole basis for the guardianship is
the minority of the incapacitated person, the guardian may settle the account
by filing a declaration of completion and serving notice thereof, on forms
approved by the court, in accord with RCW 11.88.140.  If the guardian of the
estate resigns or is removed, but the guardianship continues, the court may in
its discretion, settle the account as an ex parte intermediate account or
require a hearing on notice.

   (e)  Attorney of Record. The attorney representing the Guardianship
shall be considered the attorney of record until his or her withdrawal.  Should
the attorney representing the estate choose to withdraw, the attorney must
advise the court of the name and address of the party to be notified, should
that be necessary, of a delinquent report, accounting or Periodic Personal Care
Plan.  The notice to the court shall be filed prior to the effective date of
the withdrawal of the attorney.

   (f)  Noncompliance Calendar.

       (1)  The Guardianship Monitoring Program office shall record all due
dates for guardian's reports, and filings as set by the court.  This shall
include, but not be limited to an inventory, care plan, designation of standby-
guardian, report and accounting or receipt for blocked account.  The Court
Administrator shall set a periodic Noncompliance Calendar for those cases in
which guardians have not met the required due dates.

       (2)  Order to Appear.  If reports and filings are not presented
timely, an order to appear on the guardianship noncompliance calendar shall be
sent to the attorney of record and/or the guardian citing the parties into court.
Appearance on the calendar is mandatory.  The attorney and/or the guardian shall
have at least five days notice, in accordance with CR 6, to appear.

       (3)  Attendance at Noncompliance Calendar Excused.  If the guardian
files the required document(s) referenced in the noncompliance notice at least
five days in advance of the calendar date, they shall be excused from
attendance at the calendar.

       (4)  Sanctions on the Noncompliance Calendar.  The judicial officer
assigned to hear the guardianship noncompliance calendar may impose monetary
sanctions, increase the bond, suspend the duties of the guardian, appoint a
guardian ad litem, and/or remove the guardian.

   (g)  Review Hearing/Conference.  If after initial review of a
guardian's report or other filing, it is found unacceptable by the Court, the
guardian shall be notified of the additional information or corrective action
required.  Additionally, the Court may cite the guardian in to appear at an
informal review conference or in-court review hearing. The Court may then take
appropriate action to resolve any concerns regarding the guardian's performance
of their fiduciary duties.


[Adopted effective September 1, 2009]