11.130.125  <<  11.130.130 >>   11.130.135

Temporary substitute guardian or conservator. (Effective January 1, 2021.)

(1) The court may appoint a temporary substitute guardian for an individual subject to guardianship for a period not exceeding six months if:
(a) A proceeding to remove a guardian for the individual is pending; or
(b) The court finds a guardian is not effectively performing the guardian's duties and the welfare of the individual requires immediate action.
(2) The court may appoint a temporary substitute conservator for an individual subject to conservatorship for a period not exceeding six months if:
(a) A proceeding to remove a conservator for the individual is pending; or
(b) The court finds that a conservator for the individual is not effectively performing the conservator's duties and the welfare of the individual or the conservatorship estate requires immediate action.
(3) The court shall hold a hearing to appoint a temporary substitute guardian pursuant to subsection (1)(a) or (b) of this section, or to appoint a temporary substitute conservator pursuant to subsection (2)(a) or (b) of this section. The court shall give notice under RCW 11.130.065 to the adult subject to guardianship or conservatorship and to any other person the court determines should receive notice. The adult subject to guardianship or conservatorship shall have the right to attend the hearing and to be represented by counsel of the adult subject to guardianship or conservatorship's choosing.
(4) Except as otherwise ordered by the court, a temporary substitute guardian or temporary substitute conservator appointed under this section has the powers stated in the order of appointment of the guardian or conservator. The authority of the existing guardian or conservator is suspended for as long as the temporary substitute guardian or conservator has authority.
(5) The court shall give notice of appointment of a temporary substitute guardian or temporary substitute conservator, not later than five days after the appointment, to:
(a) The individual subject to guardianship or conservatorship;
(b) The affected guardian or conservator; and
(c) In the case of a minor, each parent of the minor and any person currently having care or custody of the minor.
(6) The court may remove a temporary substitute guardian or temporary substitute conservator at any time. The temporary substitute guardian or temporary substitute conservator shall make any report the court requires.
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