It shall be the duty of the guardian or limited
guardian of an estate:
(1) To file within three months after the guardian's
appointment a verified inventory of all the property of the
incapacitated person which comes into the guardian's possession
or knowledge, including a statement of all encumbrances, liens,
and other secured charges on any item;
(2) To file annually, within ninety days after the
anniversary date of the guardian's or limited guardian's
appointment, and also within thirty days after termination of the
appointment, unless the court for good cause orders a different
deadline to file following termination, a written verified
account of the administration, which account shall contain at
least the following information:
(a) Identification of property of the guardianship estate as
of the date of the last account or, in the case of the initial
account, as of the date of inventory;
(b) Identification of all additional property received into
the guardianship, including income by source;
(c) Identification of all expenditures made during the
account period by major categories;
(d) Any adjustments to the guardianship estate required to
establish its present fair market value, including gains or
losses on sale or other disposition and any mortgages, deeds of
trust or other encumbrances against the guardianship estate; and
(e) Identification of all property held in the guardianship
estate as of the date of account, the assessed value of any real
property and the guardian's estimate of the present fair market
values of other property (including the basis on which such
estimate is made), and the total net fair market value of the
guardianship estate. In addition, immediately following such
statement of present fair market value, the account shall set
forth a statement of current amount of the guardian's bond and
any other court-ordered protection for the security of the
guardianship assets;
(3) The court in its discretion may allow reports at
intervals of up to thirty-six months for estates with assets
(exclusive of real property) having a value of not more than
twice the homestead exemption. Notwithstanding contrary
provisions of this section, the guardian or limited guardian of
an estate need not file an annual report with the court if the
funds of the guardianship are held for the benefit of a minor in
a blocked account unless the guardian requests a withdrawal from
such account, in which case the guardian shall provide a written
verified account of the administration of the guardianship estate
along with the guardian's petition for the withdrawal. The
guardian or limited guardian shall report any substantial change
in income or assets of the guardianship estate within thirty days
of the occurrence of the change. A hearing shall be scheduled
for court review and determination of provision for increased
bond or other provision in accordance with RCW 11.88.100;
(4) To protect and preserve the guardianship estate, to
apply it as provided in this chapter, to account for it
faithfully, to perform all of the duties required by law, and at
the termination of the guardianship or limited guardianship, to
deliver the assets of the incapacitated person to the persons
entitled thereto. Except as provided to the contrary herein, the
court may authorize a guardian or limited guardian to do anything
that a trustee can do under the provisions of RCW 11.98.070 for a
period not exceeding one year from the date of the order or for a
period corresponding to the interval in which the guardian's or
limited guardian's report is required to be filed by the court
pursuant to subsection (2) of this section, whichever period is
longer;
(5) To invest and reinvest the property of the incapacitated
person in accordance with the rules applicable to investment of
trust estates by trustees as provided in chapter 11.100 RCW,
except that:
(a) No investments shall be made without prior order of the
court in any property other than unconditional interest bearing
obligations of this state or of the United States and in
obligations the interest and principal of which are
unconditionally guaranteed by the United States, and in share
accounts or deposits which are insured by an agency of the United
States government. Such prior order of the court may authorize
specific investments, or, in the discretion of the court, may
authorize the guardian or limited guardian to invest and reinvest
as provided in chapter 11.100 RCW without further order of the
court;
(b) If it is for the best interests of the incapacitated
person that a specific property be used by the incapacitated
person rather than sold and the proceeds invested, the court may
so order;
(6) To apply to the court no later than the filing of the
inventory for an order authorizing disbursements on behalf of the
incapacitated person: PROVIDED, HOWEVER, That the guardian or
limited guardian of the estate, or the person, department,
bureau, agency, or charitable organization having the care and
custody of an incapacitated person, may apply to the court for an
order directing the guardian or limited guardian of the estate to
pay to the person, department, bureau, agency, or charitable
organization having the care and custody of an incapacitated
person, or if the guardian or limited guardian of the estate has
the care and custody of the incapacitated person, directing the
guardian or limited guardian of the estate to apply an amount
weekly, monthly, quarterly, semi-annually, or annually, as the
court may direct, to be expended in the care, maintenance, and
education of the incapacitated person and of his or her
dependents. In proper cases, the court may order payment of
amounts directly to the incapacitated person for his or her
maintenance or incidental expenses. The amounts authorized under
this section may be decreased or increased from time to time by
direction of the court. If payments are made to another under an
order of the court, the guardian or limited guardian of the
estate is not bound to see to the application thereof.
[1991 c 289 § 10; 1990 c 122 § 20; 1985 c 30 § 9. Prior: 1984 c 149 § 12; 1979 c 32 § 2; 1977 ex.s. c 309 § 13; 1975 1st ex.s. c 95 § 20; 1965 c 145 § 11.92.040; prior: 1957 c 64 § 1; 1955 c 205 § 15; 1941 c 83 § 1; 1917 c 156 § 205; Rem. Supp. 1941 § 1575; prior: 1895 c 42 § 1; Code 1881 § 1614.]
NOTES:
Effective date -- 1990 c 122: See note following RCW 11.88.005.
Short title -- Application -- Purpose -- Severability -- 1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability -- Effective dates -- 1984 c 149: See notes following RCW 11.02.005.
Severability -- 1977 ex.s. c 309: See note following RCW 11.88.005.
Compulsory school attendance law, duty to comply with: RCW 28A.225.010.
Disabled person, defined: RCW 11.88.010.