Order On A Guardianship Complaint Or Motion {GDN 08.0400} | Pdf Fpdf Doc Docx | Washington

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Order On A Guardianship Complaint Or Motion {GDN 08.0400} | Pdf Fpdf Doc Docx | Washington

Order On A Guardianship Complaint Or Motion {GDN 08.0400}

This is a Washington form that can be used for Guardianship within Local County, Spokane, Superior Court.

Alternate TextLast updated: 12/2/2016

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Superior Court of Washington County of ____________________ No. _________________________ In the Guardianship of: Order on a Guardianship Complaint or Motion under RCW 11.88.120 (ORGCMT, ORDYMT) Incapacitated Person Order Terminating Guardianship ­ Capacity Returns ­ (ORTGC) Order Terminating Guardianship ­ IP Death ­ (ORTGD) Clerk's Action Required: para 2.1, 2.4, 2.7, 2.8, 2.9 Basis ________________________ (name), submitted a complaint or filed a motion to the court to: Modify the guardianship. Terminate the guardianship. Replace the guardian. Modify the guardian's authority. Other: ________________________________________________. Findings The court reviewed the complaint or motion and the relevant court records, and finds that: 1.1 Notice under RCW 11.88.120(1). Notice to the incapacitated person was not required under RCW 11.88.120(1). Notice to the incapacitated person was required because this was a hearing to modify or terminate a guardianship. The incapacitated person was was not given reasonable notice of the hearing and of the right to be represented at the hearing by counsel of his or her own choosing. Order on a Guardianship Complaint (ORGCMT, ORDYMT) - Page 1 of 4 or Motion under (RCW 11.88.120) (ORTGC, ORTGD) WPF GDN 08.0400 (07/2015) RCW 11.88.120 American LegalNet, Inc. www.FormsWorkFlow.com 1.2 This order is being entered as a result of a A. guardianship complaint motion. Findings for Guardianship Complaint. The court was presented with a complaint under RCW 11.88.120(2)(a) (complaints by self-represented parties or entity) or RCW 11.88.120(5) (grievances presented by certified professional guardianship board). The court finds good cause to: Set a show cause hearing directing the guardian to appear and respond to the complaint. Appoint a guardian ad litem to: Investigate the issues raised by the complaint. Take emergency action the court deems necessary to protect the incapacitated person until a hearing may be held. Dismiss the complaint without a hearing, because it appears to the court that the complaint is: Without merit on its face. Is filed in other than good faith. Is filed for an improper purpose. Regards issues that have already been decided by the court. Is frivolous. Facts to support these findings: . Direct the guardian to provide the court with a written report on the issues raised in the complaint. Defer consideration of the complaint until the next regularly scheduled hearing, which is within three months. There is no indication that the incapacitated person will suffer physical, emotional, financial or other harm if the court defers to the next hearing. Order other action in addition to one or more of the actions listed above: . This complaint was made without justification, to harass or delay, or with malice or other bad faith. Order on a Guardianship Complaint (ORGCMT, ORDYMT) - Page 2 of 4 or Motion under (RCW 11.88.120) (ORTGC, ORTGD) WPF GDN 08.0400 (07/2015) RCW 11.88.120 American LegalNet, Inc. www.FormsWorkFlow.com B. Findings for Motion. This is a motion presented under RCW 11.88.120(1). 1. The court finds it is in the best interest of the incapacitated person to enter the orders below. 2. Factual basis for findings: . 1.3 Emergency action is necessary based on the following facts: . Order The court orders the following action: 2.1 The guardianship is terminated because the incapacitated person [ ] is no longer incapacitated [ ] is dead [ ] or _________________________________. The guardian shall file a final report within 90 days of this order. The guardian is not discharged until the court approves the final report. The guardian has filed a final report, and this court has entered a separate Order Closing Guardianship and Discharging Guardian. 2.2. The guardianship is modified in the following manner: . 2.3 The guardian's authority is modified in the following manner: . 2.4 (Name of guardian) _________________________________ shall file a written report on the issues raised in the complaint or motion by _______________ (a date at least 14 days after this order is entered). Order on a Guardianship Complaint (ORGCMT, ORDYMT) - Page 3 of 4 or Motion under (RCW 11.88.120) (ORTGC, ORTGD) WPF GDN 08.0400 (07/2015) RCW 11.88.120 American LegalNet, Inc. www.FormsWorkFlow.com 2.5 The court takes the following action in a separate order/s: Appointment of a successor guardian Scheduling a show cause hearing. Appointment of a guardian ad litem (GAL), to investigate the issues raised by the complaint or motion. The GAL shall take the following emergency action: . 2.6 2.7 The court dismisses the motion or complaint without a hearing. ________________________________ (name) is ordered to pay sanctions in the amount of $________________ payable to _________________________ (name, or court registry). Proof of such payment shall be filed by _____________________ (date). Notice Future hearings on modification or termination. This motion or complaint involves modification or termination of a guardianship. Therefore, __________________ (name) shall provide reasonable notice to the incapacitated person of future hearings and of the incapacitated person's right to be represented at the hearing by counsel of his or her own choosing. Certified Professional Guardianship Board. The court clerk shall send a copy of this order to the Certified Professional Guardianship Board because this complaint involved a certified professional guardian. Service of this order. ____________________ (name) shall mail a copy of this order to the complainant, and all persons entitled to receive notice of proceedings in this matter. Dated: Superior Court Judge / Commissioner Presented by: _________________________________ Signature of complainant, party or attorney _________________________________ Print name WSBA ____________________________________ Signature of complainant, party or attorney ____________________________________ Print name WSBA 2.8 Order on a Guardianship Complaint (ORGCMT, ORDYMT) - Page 4 of 4 or Motion under (RCW 11.88.120) (ORTGC, ORTGD) WPF GDN 08.0400 (07/2015) RCW 11.88.120 American LegalNet, Inc. www.FormsWorkFlow.com

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