WA-Probate > Washington-Guardianship > Creating the Guardianship: Giving Notice

I.  Creating the Guardianship

3. Giving Notice

   1. Service on the Incapacitated Person

   2. Service on the Guardian ad Litem ("GAL")

   3. Service on All Other Persons

Caution: There are two different types of Notice required to be given:

• Notice of Filing of Petition for Guardianship, and
   

• Notice of Hearing on Petition for Guardianship.

1.  Service on the Incapacitated Person     ñ

a.  Notice of Filing

Complete and sign the:

This form, when completed and signed, is required to be personally served, along with a copy of the Petition for Guardianship, on the incapacitated person (as well as on any appointed GAL), ie, not by mail and by an adult who is not a party to the matter.  RCW 11.88.030(4)  Service can be made, for example, informally, by a friend or an acquaintance or, formally, by a professional process server.

Process servers can be found in the telephone book, under "Process Servers," generally cost around $40-50, and, following service of process, will either return to you and file themselves with the Court a Return of Service of Process, confirming that service was made.

If service is made informally, you will need to have the server complete a:

which you will file with the Court.

Timing:  Within 5 Court days after filing your Petition for Guardianship.

b.  Notice of Hearing

Complete and sign the:

        i.  If Incapacitated Person Is Age 14 or Older.  This form, when completed and signed, is also required to be personally served on the incapacitated person if age 14 or older (as well as on any appointed GAL), ie, not by mail and by an adult who is not a party to the matter.  RCW 11.88.040  If you set a hearing on your Petition when you filed it, then the Notice of Filing and Notice of Hearing can be served simultaneously.  If you did not set a hearing when you filed your Petition, then you will likely need to make another personal service on the Incapacitated Person (for the Notice of Hearing) and may or may not need to have the server complete another Return of Service form, as described above (depending on whether the server is a friend or a professional, respectively).

You may use the Notice of Hearing & Declaration of Mailing form for personal service of Notice of Hearing; just don't fill in the signature block after the Declaration of Mailing portion of it.

        ii.  If Incapacitated Person Is Under Age 14.  This form, when completed and signed, is required to be served on the incapacitated person if under age 14 either:

• Personally, ie, not by mail and by an adult who is not a party to the matter, or
   

• By certified mail, Return Receipt Requested.  RCW 11.88.040(1)

Timing:  By 10 days (+3 more days for sending notice by mail) before the hearing on your Petition for Guardianship; in King County, 14 (+3) days before the hearing.

c.  Notice Exceptions.

2.  Service on the Guardian ad Litem ("GAL")     ñ

a.  Technical Statutory Requirement

RCW 11.88.030(4) also requires that if a GAL was required to be appointed, he/she, like an incapacitated person 14 years or older, is required to be personally served with a copy of the:

• Petition for Guardianship, and
   

• Order Appointing Guardian ad Litem & Notice of Hearing.

Timing:  Within 5 Court days after filing your Petition for Guardianship.

b.  "Work-Around" for Personal Service on Guardian ad Litem

Practically speaking, while it is often necessary to personally serve the incapacitated person, as they generally lack the ability to sign a receipt for service, that is not the case with a GAL.  Personal service, and its attendant cost, can be avoided if the GAL is willing to sign and file a receipt for service by mail.  Consequently, what is often done is for the Petitioner to prepare an:

and mail its original, along with a copy of the Petition and Order Appointing Guardian ad Litem & Notice of Hearing by first class mail to the GAL, requesting the GAL to sign the Acceptance and file it with the Court.  If you use this "work-around" for avoiding personal service on the GAL, make sure that the GAL does sign the Acceptance and files it with the Court.  This is most easily accomplished by having the GAL mail you a conformed copy of his/her filed Acceptance.

c.  Possible Additional Service

If you set a hearing on your Petition when you filed it, then Notice of Hearing should be included in your Order Appointing Guardian ad Litem & Notice of Hearing, and no additional service should be necessary.  Otherwise, you will probably need to make another personal service on the Incapacitated Person and the GAL, for Notice of Hearing, which might be avoidable, in the case of the GAL, by using an Acceptance of Service as you may have used before.

Timing:  By 10 days (14 days in King County) before the hearing on your Petition for Guardianship.

3.  Service on All Other Persons     ñ

No Notice of Hearing is required to anyone, besides an incapacitated person age 14 or older or the Guardian ad Litem, if he/she is an adult and has signed the Petition for Guardianship or waived Notice of Hearing.  RCW 11.88 040(3)

Subject to the foregoing exception, mail by certified mail, Return Receipt Requested, a copy of your completed and signed Notice of Hearing & Declaration of Mailing to each other person entitled to receive Notice of Hearing and file its original with the Court:

• A parent of the incapacitated person if the incapacitated person is a minor;
   

• All known children of the incapacitated person not residing with an otherwise notified person;
   

• Any spouse of the incapacitated person;
   

• Any other person who has been appointed as a Guardian (either Full or Limited) of the incapacitated person;
   

• Any person with whom the incapacitated person resides.  RCW 11.88 040

Timing:  By 10 days (14 days in King County) (+3 more days for sending notice by mail) before the hearing on your Petition for Guardianship.

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Now, continue with Steps 4 & 5 as shown on the prior page.

By completing the instructions on the prior two pages, you will have completed the steps required to create a typical guardianship and obtain your Letters of Guardianship.  Your next step is to begin your management of the guardianship.

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