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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9035
Experience:  since 1983
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Does a vulnerable adult in the state of Washington have the

Customer Question

Does a vulnerable adult in the state of Washington have the right to legal representation in a guardianship hearing?
Submitted: 5 months ago.
Category: Legal
Expert:  Asad Rahman replied 5 months ago.
Yea they should have an attorney represent them. They can either hire one or have one appointed by the court.
Customer: replied 5 months ago.
n you provide me with documentation I can take into court. His current guardian has denied him legal representation for 4 years now. A new guardian will be appointed tomorrow, but it appears he is still not being provided with legal representation.
Customer: replied 5 months ago.
are you there?
Expert:  Asad Rahman replied 5 months ago.
Just a minute.
Expert:  Asad Rahman replied 5 months ago.
I would not have the template but your court clerk should have a document you can fill out.
Customer: replied 5 months ago.
So where did you get the information you originally gave me? Did you look it up somewhere? I already knew they SHOULD have representation. I want to know if the law actually gives them the RIGHT to representation. His current guardian has denied him the right to speak to his attorney of record so he is not being represented. I don't think that is legal. I don't need a form to fill out, I need something to show the court that he has the RIGHT to be represented by an attorney.
Expert:  N Cal Attorney replied 5 months ago.
New Expert here. The answer is Yes. RCW 11.88.045:"1)(a) Alleged incapacitated individuals shall have the right to be represented by willing counsel of their choosing at any stage in guardianship proceedings. The court shall provide counsel to represent any alleged incapacitated person at public expense when either: (i) The individual is unable to afford counsel, or (ii) the expense of counsel would result in substantial hardship to the individual, or (iii) the individual does not have practical access to funds with which to pay counsel. If the individual can afford counsel but lacks practical access to funds, the court shall provide counsel and may impose a reimbursement requirement as part of a final order. When, in the opinion of the court, the rights and interests of an alleged or adjudicated incapacitated person cannot otherwise be adequately protected and represented, the court on its own motion shall appoint an attorney at any time to represent such person.////"from I hope this information is helpful.