{"id":596,"date":"2018-01-28T02:10:59","date_gmt":"2018-01-27T18:10:59","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=596"},"modified":"2018-12-20T11:38:32","modified_gmt":"2018-12-20T19:38:32","slug":"ps-101-chapter-5-article-12-on-a-person-with-a-guardian","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-101-a-course-outline\/ps-101-chapter-5-chapter-outline-service-of-the-summons\/ps-101-chapter-5-article-12-on-a-person-with-a-guardian\/","title":{"rendered":"PS 101 – Chapter 5 – Article 12 – On a Person With a Guardian"},"content":{"rendered":"

RCW 4.28.080(12)<\/a>
\n<\/strong> If against any person<\/a> for whom a guardian has been appointed for any cause<\/a>, then to such guardian.<\/em><\/span><\/p>\n

This is an instance where the straight forward reading of the rule makes the meaning obvious. The only way to serve a person<\/a> for whom a guardian has been appointed is by presentation to the guardian. Even personal service<\/a> on the person<\/a> is inadequate. The documents must be presented to the guardian.<\/span><\/p>\n

The person<\/a> who is the subject of the guardianship is usually known as the “incapacitated person<\/a>.”  In one way or another it has been determined by the court that this person<\/a> is incapable of taking care of his or her own affairs.  This might be due to injury, birth defect, mental illness, or a number of other causes.<\/span><\/p>\n

The court appoints a guardian to watch over the incapacitated person<\/a>.  This might include finances, living arrangements, medical decisions, and much more.  By making the appointment the court, in effect, removes many of the incapacitated person<\/a>’s rights and vests them in the guardian.  This includes the receipt of legal<\/a> process such as a summons.<\/span><\/p>\n

The problem, in so far at the process server is concerned, is knowing whether or not a guardian has been appointed for the servee. Fortunately, in most cases, your client will have this information<\/a> and should supply it to you. But this is in “most” cases and not in “all” cases.<\/span><\/p>\n

A professional process server will pay attention to the servee and may<\/a>, for many different reasons, have a concern the servee might have a guardian. These concerns should be reported to your client. As with most other client communications this should be done in writing.<\/span><\/p>\n

Service Instructions Summary<\/strong><\/u><\/span><\/p>\n

Present the documents to:<\/strong><\/span><\/p>\n\n\n\n\n
 <\/span><\/td>\nWho<\/strong><\/span><\/td>\nWhen & Where<\/strong><\/span><\/td>\n<\/tr>\n
1.<\/span><\/td>\nThe guardian<\/span><\/td>\nAnytime Anywhere<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

NOTE: The documents must be presented to the guardian. No form of substitute or abode service is allowed.<\/span><\/p>\n

NOTE: Do not leave the documents with the person<\/a>.<\/span><\/p>\n

NOTE: Extreme caution should be used if someone, not fitting these descriptions, says they have been “authorized” to accept service.<\/span><\/p>\n

[qsm quiz=39]<\/p>\n","protected":false},"excerpt":{"rendered":"

RCW 4.28.080(12) If against any person<\/a> for whom a guardian has been appointed for any cause<\/a>, then to such guardian. This is an instance where the straight forward reading of the rule makes the meaning obvious. The only way to serve a person<\/a> for whom a guardian has been appointed is by presentation to the […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":517,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-596","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/596","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/comments?post=596"}],"version-history":[{"count":0,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/596\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/517"}],"wp:attachment":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/media?parent=596"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}