(1) Upon the filing of any intermediate
guardianship or limited guardianship account or report required
by statute, or of any intermediate account or report required by
court rule or order, the court shall enter an order settling the
guardianship account or report with regard to any receipts,
expenditures, and investments made and acts done by the guardian
or limited guardian to the date of the interim report.
(2) Upon such account or report being filed, the court may,
in its discretion, set a date for the hearing and require the
service of the guardian's report or account and a notice of the
hearing as provided in RCW 11.88.040 as now or hereafter amended
or as specified by the court; and, in the event a hearing is
ordered, the court may also appoint a guardian ad litem, whose
duty it shall be to investigate the account or report of the
guardian or limited guardian of the estate and to advise the
court thereon at the hearing, in writing.
(3) At the hearing on or upon the court's review of the
account or report of the guardian or limited guardian, if the
court is satisfied that the actions of the guardian or limited
guardian have been proper, and that the guardian or limited
guardian has in all respects discharged his or her trust with
relation to the receipts, expenditures, investments, and acts,
then, in such event, the court shall enter an order approving
such account or report.
(4) If a guardian or limited guardian fails to file the
account or report or fails to appear at the hearing, the court
shall enter an order for one or more of the following actions:
(a) Entering an order to show cause and requiring the
guardian to appear at a show cause hearing. At the hearing the
court may take action to protect the incapacitated person,
including, but not limited to, removing the guardian or limited
guardian pursuant to RCW 11.88.120 and appointing a successor;
(b) Directing the clerk to extend the letters, for good
cause shown, for no more than ninety days, to permit the guardian
to file his or her account or report;
(c) Requiring the completion of any approved guardianship
training made available to the guardian by the court;
(d) Appointing a guardian ad litem subject to the
requirements in RCW 11.88.090;
(e) Providing other and further relief the court deems just
and equitable.
(5) If the court has appointed a guardian ad litem, the
order shall be final and binding upon the incapacitated person,
subject only to the right of appeal as upon a final order;
provided that at the time of final account of said guardian or
limited guardian or within one year after the incapacitated
person attains his or her majority any such interim account may
be challenged by the incapacitated person on the ground of fraud.
(6) The procedure established in this section for financial
accounts by guardians or limited guardians of the estate shall
apply to personal care reports filed by guardians or limited
guardians of the person under RCW 11.92.043.
[2011 c 329 § 10; 1995 c 297 § 6; 1990 c 122 s 23; 1975 1st ex.s. c 95 s 21; 1965 c 145 s 11.92.050. Prior: 1943 c 29 s 1; Rem. Supp. 1943 s 1575-1.]
NOTES:
Effective date -- 1990 c 122: See note following RCW 11.88.005.