LSPR 98.20
ESTATES-GUARDIANSHIPS
(a) Hearings. All proceedings in guardianship will normally
be presented in the Ex Parte Department. Matters expected to
require greater than twenty minutes may be referred to the
Presiding Department for hearing or assignment.
Amended effective 9/1/02
(b) Pleadings. Parties are required to use those
guardianship forms approved by the Spokane County Superior Court
for guardianship proceedings.
Amended effective 9/1/02
(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.
Amended effective 9/1/02
(2) A date-stamped copy of the report, accounting or care
plan shall be provided to the 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. Out-of-county guardians doing business
by mail shall send the originals, copies and proposed order to
the Clerk's Office. The Clerk shall file the original report and
care plan and forward the copies and proposed order to the
Guardianship Monitoring Program.
Amended effective 9/1/02
(3) Supporting documentation for accountings shall be
provided to the Guardianship Monitoring Program. This shall
include original 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.
Amended effective 9/1/02
(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.
Amended effective 9/1/02
(e) Withdrawal by Attorney. 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.
Amended effective 9/1/02
(f) Noncompliance Calendar.
(1) Calendar. The clerk's 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 monthly
Noncompliance Calendar for those cases in which guardians have
not met the required due dates.
Amended effective 9/1/02
(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.
Amended effective 9/1/02
(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.
Amended effective 9/1/02
(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.
Amended effective 9/1/02
(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.
Effective 9/1/02
(h) Deleted.
Amended effective 1/1/07
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