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

Exceptions to the Notice Requirement

No Notice of Hearing is required if:

• The Incapacitated Person is:
   

  • Under the age of 14 and one of his/her parents signs the Petition for Guardianship, or
     

  • Between the ages of 14 and 18 and he/she has consented in writing to the appointment of the person nominated as Guardian in the Petition for Guardianship; or
     

• The Petitioner is a nonresident guardian of the Incapacitated Person.  RCW 11.88 040(4)

Presumably, in these three foregoing situations, neither Notice of Hearing nor Notice of Filing is required, because:

• If the Incapacitate Person is under 14 and one of his/her parents signs the Petition, then any Notice of Filing served on the Incapacitated Person would in effect be served on the parent, so service of Notice of Filing should be moot.
   

• If the Incapacitate Person is between the ages of 14 and 18 and has consented in writing to the appointment, then his/her consent should obviate the requirement for service of Notice of Filing.
   

• If the Petitioner is a nonresident guardian of the Incapacitated Person, then any Notice of Filing served on the Incapacitated Person would in effect be required to be served on that nonresident guardian, so service of Notice of Filing should be moot.

Consequently, in these three situations, a Petition for Guardianship should be able to be "walked through the Court," without any need for service of Notice (of either Filing or Hearing) upon anyone.

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