(1) TERMINATION WITHOUT COURT ORDER. A guardianship
or limited guardianship is terminated:
(a) Upon the attainment of full and legal age, as defined in
RCW 26.28.010 as now or hereafter amended, of any person defined as
an incapacitated person pursuant to RCW 11.88.010 as now or
hereafter amended solely by reason of youth, RCW 26.28.020 to the
contrary notwithstanding, subject to subsection (2) of this
section;
(b) By an adjudication of capacity or an adjudication of
termination of incapacity;
(c) By the death of the incapacitated person;
(d) By expiration of the term of limited guardianship
specified in the order appointing the limited guardian, unless
prior to such expiration a petition has been filed and served, as
provided in RCW 11.88.040 as now or hereafter amended, seeking an
extension of such term.
(2) TERMINATION OF GUARDIANSHIP FOR A MINOR BY DECLARATION OF
COMPLETION. A guardianship for the benefit of a minor may be
terminated upon the minor's attainment of legal age, as defined in
RCW 26.28.010 as now or hereafter amended, by the guardian filing
a declaration that states:
(a) The date the minor attained legal age;
(b) That the guardian has paid all of the minor's funds in the
guardian's possession to the minor, who has signed a receipt for
the funds, and that the receipt has been filed with the court;
(c) That the guardian has completed the administration of the
minor's estate and the guardianship is ready to be closed; and
(d) The amount of fees paid or to be paid to each of the
following: (i) The guardian, (ii) lawyer or lawyers, (iii)
accountant or accountants; and that the guardian believes the fees
are reasonable and does not intend to obtain court approval of the
amount of the fees or to submit a guardianship accounting to the
court for approval. Subject to the requirement of notice as
provided in this section, unless the minor petitions the court
either for an order requiring the guardian to obtain court approval
of the amount of fees paid or to be paid to the guardian, lawyers,
or accountants, or for an order requiring an accounting, or both,
within thirty days from the filing of the declaration of completion
of guardianship, the guardian shall be automatically discharged
without further order of the court. The guardian's powers will
cease thirty days after filing the declaration of completion of
guardianship. The declaration of completion of guardianship shall,
at the time, be the equivalent of an entry of a decree terminating
the guardianship, distributing the assets, and discharging the
guardian for all legal intents and purposes.
Within five days of the date of filing the declaration of
completion of guardianship, the guardian or the guardian's lawyer
shall mail a copy of the declaration of completion to the minor
together with a notice that shall be substantially as follows:
| CAPTION OF CASE | NOTICE OF FILING A
DECLARATION OF
COMPLETION OF
GUARDIANSHIP |
| NOTICE IS GIVEN that the attached Declaration of Completion of Guardianship was filed by the undersigned in the above-entitled court on the . . . . . . day of . . . . . . , 19. . . ; unless you file a petition in the above-entitled court requesting the court to review the reasonableness of the fees, or for an accounting, or both, and serve a copy of the petition on the guardian or the guardian's lawyer, within thirty days after the filing date, the amount of fees paid or to be paid will be deemed reasonable, the acts of the guardian will be deemed approved, the guardian will be automatically discharged without further order of the court and the Declaration of Completion of Guardianship will be final and deemed the equivalent of an order terminating the guardianship, discharging the guardian and decreeing the distribution of the guardianship assets. | |
| If you file and serve a petition within the period
specified, the undersigned will request the court to fix a
time and place for the hearing of your petition, and you
will be notified of the time and place of the hearing, by
mail, or by personal service, not less than ten days before
the hearing on the petition. |
|
| DATED this . . . . . . day of . . . . . . , 19. . . | |
| . . . . . . . . . . . . | |
| Guardian | |
[1991 c 289 § 9; 1990 c 122 § 17; 1977 ex.s. c 309 § 11; 1975 1st ex.s. c 95 § 16; 1965 c 145 § 11.88.140.]
NOTES:
Effective date -- 1990 c 122: See note following RCW 11.88.005.
Severability -- 1977 ex.s. c 309: See note following RCW 11.88.005.
Procedure on removal or death of guardian or limited guardian: RCW 11.88.120.
Settlement of estate upon termination: RCW 11.92.053.