WSR 20-23-106
RULES OF COURT
STATE SUPREME COURT
[November 6, 2020]
IN THE MATTER OF THE PROPOSED AMENDMENT TO SPR 98.16WESTATESGUARDIANSHIPSETTLEMENT OF CLAIMS OF MINORS AND INCAPACITATED PERSONS
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ORDER
NO. 25700-A-1315
The Superior Court Judges' Association, having recommended the adoption of the proposed amendment to SPR 98.16WEstatesGuardianshipSettlement of Claims of Minors and Incapacitated Persons, and the Court having considered the proposed amendment, and having determined that the proposed amendment will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ordered:
(a) That the proposed amendment as shown below is adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the proposed amendment will be published in the Washington Reports and will become effective on February 1, 2021.
dated at Olympia, Washington this 6th day of November, 2020.
 
 
Stephens, C.J.
Johnson, J.
 
Gordon McCloud, J.
Madsen, J.
 
Yu, J.
Owens, J.
 
Montoya-Lewis, J.
Gonzalez, J.
 
Whitener, J.
Superior Court Special Proceedings Rules
SPR 98.16W. ESTATESGUARDIANSHIPSETTLEMENT OF CLAIMS OF MINORS AND INCAPACITATED PERSONS
(a) - (i) [Unchanged.]
(j) Control and Orders for Remaining Funds. In calculating the amount remaining from a structured settlement, if the settlement required court approval only because the affected person was an unemancipated minor, then only the payments received and to be received before attaining majority age are counted. All orders directing funds to a blocked account should recite that the funds are payable upon further order of the court or to the affected person at his or her age of majority, which date should be specified. Upon approval of settlement and payment of all authorized fees, bills and expenses, the court shall order one of the following actions:
(1) $25,000$50,000 or Less. If the money or the value of other property remaining after deduction for all approved fees, bills and expenses is $25,000$50,000 or less, the court shall require that:
(A) - (C) [Unchanged.]
(2) More Than $25,000$50,000. If the money or the value of other property remaining after deduction for all approved fees, bills and expenses exceeds $25,000$50,000, the court in the order or judgment shall:
(A) - (C) [Unchanged.]
(3) [Unchanged.]
(k) [Unchanged.]