In the Matter of the Guardianship of: K.P.

CourtCourt of Appeals of Washington
DecidedAugust 12, 2025
Docket39788-2
StatusUnpublished

This text of In the Matter of the Guardianship of: K.P. (In the Matter of the Guardianship of: K.P.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Matter of the Guardianship of: K.P., (Wash. Ct. App. 2025).

Opinion

FILED AUGUST 12, 2025 In the Office of the Clerk of Court WA State Court of Appeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE

In the Matter of the Guardianship of: ) No. 39788-2-III ) K.P. ) UNPUBLISHED OPINION )

MURPHY, J. — Eastern State Hospital (ESH) petitioned for a full guardianship of

the person and estate of K.P. After a bench trial, the superior court found that (1) K.P.

lacked the ability to meet her physical needs and manage her finances, and (2) K.P.’s

needs could not be met by a protective arrangement or a limited guardianship or

conservatorship. We agree and affirm.

FACTS

K.P. was born in 1961 and carries a diagnosis of schizoaffective disorder. It was

described that K.P. struggles with major mood episodes that have psychotic elements, as

well as elements of paranoia, delusions, hallucinations, and aggression. Since the late

1990s, K.P. has been admitted to ESH over 20 times, with 6 admissions since 2017.

ESH does not function as a permanent place to live. In recent years, ESH worked to

create an effective discharge plan that would not result in K.P.’s readmission.

Unfortunately, over the last few years, discharges have each resulted in a short period of

time with K.P. experiencing dangers to self and endangerments to others, and No. 39788-2-III In re Guardianship of K.P.

readmission. With this historical perspective, on October 4, 2021, ESH petitioned for a

full guardianship of the person and the estate of K.P. 1

ESH alleged in the petition that K.P. “is unable to adequately provide for nutrition,

health, housing, or physical safety and is at significant risk of personal harm” and “is

unable to adequately manage property or financial affairs and is at significant risk of

financial harm.” Clerk’s Papers (CP) at 1.

A bench trial on the petition was held in April 2023.

Trial testimony

Josh Guthmueller

The first witness called by ESH at trial was Josh Guthmueller, the proposed

guardian and conservator. Guthmueller’s brief testimony touched on his background,

training, and willingness to serve if appointed.

Dr. Brian Sweatt

Dr. Brian Sweatt, K.P.’s treating psychiatrist, testified about K.P.’s current

diagnosis: schizoaffective disorder, bipolar type treatment resistant. Dr. Sweatt described

that the schizophrenia component of K.P.’s diagnosis manifests in disorganized

1 Nomenclature has changed from “full guardianship of person and estate” to “guardianship/conservatorship” with enactment of the uniform guardianship, conservatorship, and other protective arrangements act, chapter 11.130 RCW, and repeal of the former guardianship statutes, chapters 11.88 and 11.92 RCW.

2 No. 39788-2-III In re Guardianship of K.P.

behaviors, along with delusional and persecutorial beliefs. He testified that people

demonstrating disorganized behavior take issue with the current chronology or calendar,

or may wear multiple layers of clothing or clothing inappropriate for the weather. K.P.’s

“delusional beliefs or counter factual beliefs regarding the way her body operates” would

often lead K.P. to being resistant to beneficial treatments or would interfere with her

ability to make medical decisions that were in her best interest. Rep. of Proc. (RP) (Apr.

10, 2023) at 43. Dr. Sweatt expressed concern that K.P. was unable to make reality-based

decisions about her health based on his experiences with her. For example, K.P. declined

medical interventions due to her belief that the doctors were trying to steal her blood. As

another example, historically, K.P. had been unable to regulate her sodium levels as a

result of drinking excessive water, but she declined recommended blood draws to test her

sodium levels, which may have become dangerously low. As a result, ESH engaged in

“pretty stringent work” to restrict K.P.’s fluids “so that she can manage her [sodium] at a

level that’s consistent with her ability to think at least apparently appears to be clinically

more clearly.” RP (Apr. 10, 2023) at 59.

The bipolar component of K.P.’s diagnosis has a mood component in which K.P.

will become easily upset and switch between happy, sad, and angry relatively quickly.

To complicate matters, K.P. will complain about health issues, but follow-up is not easily

accomplished because K.P. declines exams. Dr. Sweatt expressed that it has been a

3 No. 39788-2-III In re Guardianship of K.P.

struggle to assess K.P.’s reported symptoms because K.P. often requires “serious

convincing” before allowing any medical intervention. RP (Apr. 10, 2023) at 48.

Late in 2022, ESH obtained a court order to administer a new antipsychotic

medication that K.P. did not want to take. Dr. Sweatt did not believe K.P.’s previous

medication was working, and the new medication was offered to reduce symptoms.

The change in medications, which occurred only as the result of a court order, has been

observed to have resulted in behavioral improvements.

Dr. Sweatt has repeatedly worked with K.P. to create discharge plans. K.P.’s

history is that she discharges from ESH to a hotel of her choice, thereafter rapidly

declines as a result of her choices, and readmits to psychiatric care. The recommendation

of K.P.’s treatment team is discharge to “someplace where she may be able to have help

with her medicines, with her food, with her shelter, where someone can check in on her.”

RP (Apr. 10, 2023) at 49. In the past, K.P. on discharge declined to follow the treatment

team’s recommendations and insisted on independent living. Dr. Sweatt noted that when

he engages K.P. to discuss discharge or a possible guardianship, K.P. becomes upset and

goes into a “[m]urderous rage,” directing threats and physical violence toward Dr.

Sweatt. RP (Apr. 10, 2023) at 56.

The opinion of Dr. Sweatt was that a guardianship would help K.P. with both her

medical and financial decisions. Further, it was Dr. Sweatt’s opinion that K.P.’s somatic

4 No. 39788-2-III In re Guardianship of K.P.

delusions precluded her from understanding the risks associated with declining treatment,

or with actions like sending money to hotels and apartments for deposits, or to an

unknown person she referred to as her “husband.” RP (Apr. 10, 2023) at 53. While

recognizing K.P.’s right to make her own financial choices and placing value on her

independence, Dr. Sweatt opined that K.P. demonstrated a “concrete inability to accept

new information incorporated into her thinking process.” RP (Apr. 10, 2023) at 52. It was

Dr. Sweatt’s belief that a guardian could help K.P. sign necessary paperwork that she

may not understand or be comfortable with, and also help in finding proper places to live

on discharge, as well as assist in making decisions regarding health and safety should

K.P. experience a medical emergency or require a medical intervention while in the

community.

As far as medical decision making, Dr. Sweatt noted K.P.’s brother agreed with a

guardianship for K.P. “because she’s made threats against [their family], and they worry

about if they were to make decisions for her what that would do.” RP (Apr. 10, 2023) at

60.

Leslie Miknavich

Leslie Miknavich has been K.P.’s psychiatric social worker at ESH since

August 2022. Miknavich was ESH’s signing representative for the petition on a basis that

K.P.

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Groff v. Department of Labor & Industries
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In Re The Guardianship Of Casey Lynn Ursich v. Gregory L. Ursich
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In re the Detention of H.N.
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