(1) Action to enforce such liability may be brought by the ward or a subsequently appointed
guardian on behalf of the ward within 2 years after the appointment of a new guardian
or the removal of the incapacity.
Section 5-43 Inventory and Appraisement
5-43.01 Inventory And Appraisement.
(a) Within 45 days after the appointment of a guardian the guardian shall prepare and submit to the
Court an inventory and appraisement of the estate.
(b) The appraisement shall be made by 2 disinterested persons, not related to the incapacitated
person by blood or marriage, who shall certify under oath to their appraisement and may receive
reasonable compensation for their services.
(c) No appraisement shall be required of items of obvious, readily ascertainable value, e.g. bank
account assets, or where the value of the entire estate is reasonably believed by the guardian to
be less than $1,000.
(d) If the appraisement is required, the guardian shall certify under oath to the obvious or estimated
value of the assets not appraised.
5-43.02 Annual Accounting.
(a) The guardian of every estate in value over $1,000 shall submit an annual account of the estate to
the court for approval. In each year in which the value of the estate is or is reasonably believed
to be in excess of $1,000 the guardian shall have this affirmative duty.
(b) Such accounting shall be verified on the oath of the guardian and shall contain an accounting of
all additions to any withdrawals from the estate, and shall be accompanied by, but not by way of
limitation, supporting canceled checks, vouchers, receipts and statements.
Section 5-44 Discharge of Guardian
5-44.01 Discharge Of Guardian.
(a) Every guardian appointed shall serve until discharged by the Court.
(b) An incapacitated person who has had a guardian appointed, the guardian or a relative of such
incapacitated person may petition the Court for a determination of his/her restoration to capacity
and for the discharge of the guardian.
(1) The Court shall hold a hearing, after such notice to known interested persons as the
Court shall direct, and receive evidence, both of a medical nature and otherwise, of the
person's capacity.
(2) If it be found that the incapacitated person is of sound mind and capable of taking care
of him/herself and his/her property, his/her restoration to capacity shall be adjudged
and his/her guardian discharged.
Section 5-45 Guardianship Records
5-45.01 Guardianship Records. The clerk shall keep a separate, permanent file for each guardianship
proceeding and shall file all relevant papers.
Section 5-46 Guardianship of Real and Trust Property
5-46.01 Guardianship Of Real And Trust Property.
(a) The Court is hereby authorized to appoint a guardian of the trust estate of the incapacitated
person consistent with federal law.
(b) The guardian shall use the procedures and safeguards outlined in this chapter for the purpose of
conveying or consenting to the conveyance of an interest in real and trust property owned by
such incapacitated person if it appears that the price to be paid is reasonable and adequate and
that such sale is to the best interest of the incapacitated person.
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Revised Spokane Law & Order Code, 5/14/2013