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Order Appointing Guardian Ad Litem And Notice Of Hearing 2 - Washington
| Order Appointing Guardian Ad Litem And Notice Of Hearing Form. This is a Washington form and can be used in Guardianship Superior Court King Local County . |
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FINDINGS OF FACT The Court finds: 1.1 The facts set forth in the Petition include those necessary to give the Court jurisdiction over this matter. 1.2 Pursuant to RCW 11.88.090, a Guardian ad Litem should be appointed. 1.3[ 1.4[ ] The Guardian ad Litem should be the person whose name next appears on the King ] The Guardian ad Litem should not be the person whose name next appears on the County Guardian ad Litem registry; or registry because the Court finds extraordinary circumstances exist as follows: ______________________________________________________________________. 1.5[ ] Payment of the filing fee, and the fees-costs of the Guardian ad Litem by Alleged Incapacitated Person would result in a substantial hardship upon such person because ________________________________________________________________. ORDER APPOINTING GUARDIAN AD LITEM AND NOTICE OF HEARING- 1 12/2005 REVISED GUARDIANSHIP FORMS American LegalNet, Inc. www.FormsWorkFlow.com IN THE SUPERIOR COURT OF STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING In the Guardianship of: _____________________________, ) ) ) ) ) ) ) ) ) ) Case No.: ORDER APPOINTING GUARDIAN AD LITEM AND NOTICE OF HEARING RCW 11.88.090 (ORAPGL) (CLERK'S ACTION REQUIRED Paragraph 2.1,2.2,2.3) An Alleged Incapacitated Person. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER The Court orders: 2.1 [ 2.2 [ [ ] The Clerk's filing fee is waived ] Date to be set by separate notice; OR Hour: _______________ ______________________________ ______________________________ The hearing on the Guardianship petition shall occur (within 60 days of this hearing): ] Date: ______________________________ Department: Address: 2.3 Guardian ad Litem: ______________________________ is found or known by the Court to be a suitable disinterested person with the requisite knowledge, training or expertise, who is hereby appointed as Guardian ad Litem for the above-named person. The address and/or phone/fax or the Guardian ad Litem are: ______________________________________. [ ] The Guardian ad Litem shall be appointed at public expense, to be paid at a rate not to exceed $__________ per hour up to a maximum of $__________ without further, prior Court approval. Should evidence hereafter be submitted showing that hardship did not exist or no longer exists, the Court shall reimburse the filing fee and all other fees and costs. [ ] The Guardian ad Litem shall be appointed at private expense. The Guardian ad Litem shall be paid at a rate of $__________ per hour up to ________(hours/dollars) without further order from the court. These amounts may be increased or modified only upon application to the court in advance of the Guardian ad Litem providing further services. An application to increase the fee limits shall be presented upon notice to all parties. 2.4 The Guardian ad Litem shall have the following duties as mandated by statute:(A) To file within five days of receipt of Notice of Appointment, and serve all parties personally or by certified mail with return receipt requested, his or her written statement of qualifications required by RCW 11.88.090(3)(b), which shall include all information required by RCW 11.88.090(3)(b). (B) To meet and consult with the Alleged Incapacitated Person as soon as practicable following appointment and explain, in language which such person can reasonably be expected to understand, the substance of the petition, the nature of the resultant proceedings, ORDER APPOINTING GUARDIAN AD LITEM AND NOTICE OF HEARING- 2 12/2005 REVISED GUARDIANSHIP FORMS American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the person's right to contest the petition, the identification of the proposed Guardian or Limited Guardian, the right to a jury trial on the issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the right to be present in court at the hearing on the petition; (C) To determine whether mediation may be appropriate in the matter and if so, to bring a motion before the court. (D) To obtain a written report according to RCW 11.88.045 and such other written or oral reports from other qualified professionals as are necessary to permit the Guardian ad Litem to complete the report required by RCW 11.88.090 and to advise Alleged Incapacitated Person of the identity of the health care professional selected by the Guardian ad Litem to prepare the medical report. If Alleged Incapacitated Person opposes said health care professional selected by the Guardian ad Litem , the Guardian ad Litem shall use the health care professional selected by Alleged Incapacitated Person , but may obtain a supplemental examination by a different physician or psychologist or advanced certified nurse practitioner; (E) Pursuant to 45 C.F.R. 164.514, all providers who are covered entities under HIPAA and their business associates and upon verification of the authority of the Guardian ad Litem to receive the required information, shall release to the Guardian ad Litem a copy of the medical report required by RCW 11.88.045. (F) To meet with the person whose appointment is sought as Guardian or Limited Guardian and ascertain: (i) (ii) The proposed Guardian's knowledge of the duties, requirements, and limitations The steps the proposed Guardian intends to take or has taken to identify and meet of a Guardian; the needs of Alleged Incapacitated Person. (G) To consult as necessary to complete the investigation and report required by RCW 11.88.090 with those known relatives, friends, or other persons the Guardian ad Litem determines to have had a significant, continuing interest in the welfare of Alleged Incapacitated Person: ORDER APPOINTING GUARDIAN AD LITEM AND NOTICE OF HEARING- 3 12/2005 REVISED GUARDIANSHIP FORMS American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (H)To investigate alternate arrangements made or which might be created, by or on behalf of the Alleged Incapacitated Person, such revocable or irrevocable trusts, durable powers attorney or blocked account; whether good cause exists for any such arrangements to be discontinued; and why such arrangements should not be continued or created in lieu of a Guardianship: (I)To provide the Court with a written report which shall include the following: (i) (
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