LCR 98.20 Guardianships and Trusts
Local Civil Rule
(b) Service and Filing of Reports (Initial Appointment). The report of the guardian ad litem, medical or psychological report, proof of service and other documents offered in support of the petition or in anticipation of the hearing shall be served and filed not less than 15 days in advance of the hearing date. Working copies of the guardian ad litem report, medical or psychological report, and any additional affidavits shall be submitted to the Ex Parte and Probate Department, or the appropriate hearing judge or commissioner, not later than 15 days preceding the hearing. Response documents including briefs, if any, must be filed with the clerk, copies must be served on all parties, and working copies must be submitted to the Ex Parte and Probate Department, or the appropriate hearing judge or commissioner, no later than noon four judicial days prior to the hearing time. Documents in strict reply thereto shall be similarly filed and served no later than noon two judicial days prior to the hearing. Working copies shall be submitted pursuant to the requirements of LCR 7(b) to the extent not inconsistent with this rule.
(c) Report Date.
(1) Upon signing of the order appointing guardian or declaring a trust and appointing a trustee, the next report shall be within 90 days of the anniversary of the appointment. The order shall include a Clerk’s Action Summary on the first page in a format approved by the Court and posted on the King County Superior Court Clerk’s website.
(2) Guardianships in which venue is changed to King County shall retain the reporting period established by the previous jurisdiction until the next accounting is reviewed by the court.
(3) Guardianships with multiple guardians and/or trustees shall have all reports due on the anniversary of the appointment of the first guardian/trustee. The court may designate a different term (i.e. annual, biennial or triennial) for the guardian or trustee report.
(4) If a successor guardian or trustee is appointed, reports shall be due on the anniversary of that appointment.
(5) Any changes to the reporting cycle of a guardian or trustee shall be approved by the court on a form provided by the Clerk’s Office.
(d) Reports and Accountings and Contested or Noted Matters. Periodic reports and accountings required of guardians and trustees and other contested or noted matters shall be filed and noted for hearing at least 14 days before the scheduled date. Working copies of all reports, accountings, and contested matters otherwise noted or requiring notice must be submitted to the Ex Parte and Probate Department, or the appropriate hearing judge or commissioner, not later than 14 days preceding the hearing. Response documents, including briefs, if any, must be filed with the clerk and copies served on all parties and submitted to the Ex Parte and Probate Department, or the appropriate hearing judge or commissioner, no later than noon four judicial days prior to the hearing time; documents in strict reply thereto shall be similarly filed and served no later than noon two judicial days prior to the hearing. Working copies shall be submitted pursuant to the requirements of LCR 7(b) to the extent not inconsistent with this rule.
(e) Delinquency Calendar. The clerk of the court will track and notify the court of cases in which accountings are delinquent. The court will direct the guardian, trustee, and counsel to appear at a hearing in which sanctions may be imposed or the personal representative removed.
(f) Mailed Reports. Guardianship and trust reports and accountings may be presented for approval by mail without the necessity of noting the case on the appropriate motion calendar, provided that if any person has requested special notice of proceedings or is entitled to notice pursuant to any court order or notice of appearance, the party submitting an order by mail must obtain the approval and signature of the party entitled to notice on any proposed order of approval.
(g) Oaths. The guardian name(s) must be typed or printed on the oath as it appears in the order. When a guardian changes his or her name he or she must obtain an order for new letters and file an oath under the new name in order to receive new letters of guardianship. The expiration date of the letters shall remain the same unless changed by the new order.
(h) Order Approving Guardian’s Report and Accounting. The order shall include a Clerk’s Action Summary on the first page in a format approved by the Court and posted on the King County Superior Court Clerk’s website. The order shall also contain the name(s) of the guardian and address as it appears in the oath and clearly identify whether acting full or limited guardian over the person and/or estate. The order shall be obtained within sixty (60) days of filing the report and accounting.
(i) Vulnerable Adult Protection (VAP) Petitions. Any petition protecting a vulnerable adult shall be filed as a civil matter separate from any guardianship matter. If there is an existing guardianship case when the VAP is filed, a copy of the Protection order may be placed in that file.
(j) Loss of Voting Rights
(1) In accordance with RCW 11.88.010(5), if an incapacitated person loses the right to vote, the Order Appointing Guardian or Approving Report shall include a specific finding on the loss of the right to vote.
(2) The Guardian Ad Litem shall also submit a Notice of Loss of Voting Rights to the court that shall include the name, address, and date of birth of the incapacitated person and that shall direct the Clerk to forward the Notice of Loss of Voting Rights to the County Auditor.
(3) If the guardianship is terminated by a determination of competency of the individual, the court shall direct the Clerk to send to the County Auditor a certified copy of the Order Restoring Voting Rights including the same personal identifiers as the Notice of Loss of Voting Rights.
[Adopted effective September 20, 1990; amended effective September 1, 1996; September 1, 1999; September 1, 2001; September 1, 2003; September 1, 2004; September 1, 2005; January 1, 2006; September 1, 2008; June 1, 2009; September 1, 2009; September 1, 2015; September 1, 2021.]