Certified Professional Guardians Subject to New Visitation Standards

The Certified Professional Guardian Board, a program run by the Washington state court system which governs certified professional guardians in Washington, has revised its standards for “meaningful in-person contact” with the incapacitated person. These changes were made following the Washington State Supreme Court’s ruling last year in Raven v. Department of Social and Health Services. While the Raven court held … Continue reading »

State Court of Appeals Confirms "Mailbox Rule" for Probate Notice to Creditors

A recent Washington State Court of Appeals (Division I) case holds that the time during which the creditor of a probate estate can bring a claim begins to run from the mailing of the Notice to Creditors, even if the creditor alleges that it never received such notice. Washington Federal Savings v. Klein concerns a loan made by Washington Federal … Continue reading »

Washington State Supreme Court Clarifies Duties of Guardian of the Person

A recent decision by the Washington state Supreme Court, Raven v. Department of Social and Health Services, clarifies the duty of a guardian of the person to take an incapacitated person’s preferences into account in making residential placement decisions. The case also provides a detailed analysis of a guardian’s conduct in light of the Certified Professional Guardian (CPG) standards, and … Continue reading »

New Statute of Limitations Provisions Benefit Trustees

In 2011, the Washington State Legislature revised RCW 11.96A.070, the statute of limitations for breach of fiduciary duty claims against trustees. The new statute became effective January 1, 2012. Under prior law, a beneficiary could sue a trustee for breach of fiduciary duty within three years from the earlier of the following: (i) the time the beneficiary discovered or reasonably … Continue reading »