AN ACT Relating to guardianship; amending RCW 11.88.010 and 11.88.030; adding new sections to chapter 11.88 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 11.88.010, chapter 145, Laws of 1965 as last amended by section 176, chapter 149, Laws of 1984 and RCW 11.88.010 are each amended to read as follows:

(1) The superior court of each county shall have power to appoint guardians for the persons and estates, or either thereof, of incompetent persons, and guardians for the estates of all such persons who are nonresidents of the state but who have property in such county needing care and attention.

An "incompetent" is any person who is either:

(a) Under the age of majority, as defined in RCW 11.92.010, ((or))

(b) Incompetent by reason of mental illness, developmental disability, senility, habitual drunkenness, excessive use of drugs, or other mental incapacity, of either managing his property or caring for himself or both, or

(c) Mentally retarded and because of repeated or compulsive acts of misconduct in sexual matters is deemed likely to continue to perform such acts and be a danger to other persons.

(2) The superior court for each county shall have power to appoint limited guardians for the persons and estates, or either thereof, of disabled persons, who by reason of their disability have need for protection and assistance, but who cannot be found to be fully incompetent, upon investigation as provided by RCW 11.88.090 as now or hereafter amended. After considering all evidence presented as a result of such investigation, the court shall impose, by order, only such specific limitations and disabilities on a disabled person to be placed under a limited guardianship as the court finds necessary for such person's protection and assistance. A person shall not be presumed to be incompetent nor shall a person lose any legal rights or suffer any legal disabilities as the result of being placed under a limited guardianship, except as to those rights and disabilities specifically set forth in the court order establishing such a limited guardianship. In addition, the court order shall state the period of time for which it shall be applicable.

For the purposes of chapters 11.88 and 11.92 RCW the term "disabled person" means an individual who is in need of protection and assistance by reason of mental illness, developmental disability, senility, habitual drunkenness, excessive use of drugs, or other mental incapacity, but cannot be found to be fully incompetent.

(3) Venue for petitions for guardianship or limited guardianship shall lie in the county wherein the alleged incompetent or disabled person is domiciled, or if such person is a resident of a state institution for developmentally disabled persons, in either the county wherein such institution is located, the county of domicile, or the county wherein a parent of the alleged incompetent or disabled person is domiciled.

(4) Under RCW 11.94.010, a principal may nominate, by a durable power of attorney, the guardian or limited guardian of his or her estate or person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.

Sec. 2. Section 11.88.030, chapter 145, Laws of 1965 as last amended by section 3, chapter 309, Laws of 1977 ex. sess. and RCW 11.88.030 are each amended to read as follows:

(1) Any interested person or entity may file a petition for the appointment of himself or some other qualified person, trust company, national bank, or nonprofit corporation authorized in RCW 11.88.020 as now or hereafter amended as the guardian or limited guardian of an incompetent or disabled person. When no suitable guardian exists for incompetent persons defined in RCW 11.88.010(1)(c) the department of social and health services shall file a petition for appointment as guardian. A petition for guardianship or limited guardianship shall state:

(a) The name, age, residence, and post office address of the incompetent or disabled person;

(b) The nature of his alleged incompetency in accordance with RCW 11.88.010;

(c) The approximate value and description of his property, including any compensation, pension, insurance, or allowance to which he may be entitled;

(d) Whether there is, in any state, a guardian or limited guardian for the person or estate of the alleged incompetent or disabled person;

(e) The residence and post office address of the person whom petitioner asks to be appointed guardian or limited guardian;

(f) The names and addresses, and nature of the relationship, so far as known or can be reasonably ascertained, of the persons most closely related by blood or marriage to the alleged incompetent or disabled person;

(g) The name and address of the person or institution having the care and custody of the alleged incompetent or disabled person;

(h) The reason why the appointment of a guardian or limited guardian is sought and the interest of the petitioner in the appointment, and whether the appointment is sought as guardian or limited guardian of the person, the estate, or both;

(i) The nature and degree of the alleged disability and the specific areas of protection and assistance requested and the limitation of rights requested to be included in the court's order of appointment;

(j) The requested term of the limited guardianship to be included in the court's order of appointment.

(2) No filing fee shall be charged by the court for filing either a petition for guardianship or a petition for limited guardianship if the petition alleges that the alleged incompetent or disabled person has total assets of a value of less than three thousand dollars.

(3) All petitions filed under the provisions of this section shall be heard within forty-five days unless an extension of time is requested by a party within such forty-five day period and granted for good cause shown.

NEW SECTION. Sec. 3. A new section is added to chapter 11.88 RCW to read as follows:

When any person who is developmentally disabled is convicted of a felony, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

After receipt of the reports, the court shall then determine whether the offender and the community will benefit from invocation of treatment as a sentencing alternative. If the court determines that both the offender and the community will benefit from treatment as a sentencing alternative, the court shall then impose a sentence and may suspend the execution of the sentence and impose conditions upon suspension deemed necessary by the court.

If the offender violates the conditions so imposed, the court may revoke the suspension and order execution of the sentence. All confinement time served shall be credited to the offender if the suspended sentence is revoked.

NEW SECTION. Sec. 4. A new section is added to chapter 11.88 RCW to read as follows:

The department shall establish treatment programs, either within an existing state institution, as part of an existing program, or in specified and approved sites in the community, to receive, treat, study, and retain in custody, as required, persons defined as incompetent under section 1(1)(c) of this act and persons who are developmentally disabled and convicted of a felony.

NEW SECTION. Sec. 5. This act shall take effect on June 30, 1987.