WSR 04-15-027

RULES OF COURT

STATE SUPREME COURT


[ July 8, 2004 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO GR 23(d) AND (e) )

)

)

ORDER

NO. 25700-A-791

The Certified Professional Guardian Board having recommended the adoption of the proposed amendments to GR 23 (d) and (e), and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as attached hereto are adopted.

(b) That the amendments will be published in the Washington Reports and will become effective on September 1, 2004.

DATED at Olympia, Washington this 8th day of July 2004.
Alexander, C. J.


Johnson, J.


Bridge, J.


Madsen, J.


Chambers, J.


Sanders, J.


Owens, J.


Ireland, J.


Fairhurst, J.



Suggested Changes


GENERAL RULES (GR)


GR 23(d) and (e)



(a) - (c) [No changes.]

(d) Certification Requirements. Applicants, Certified Professional Guardians, and Certified Agencies shall comply with the provisions of Chapter 11.88 and 11.92 RCW. In addition, individuals and agencies must meet the following requirements.

(1) Individual Certification. An individual applicant shall:

(i) Be at least 18 years of age;

(ii) Be of sound mind;

(iii) Have no felony or misdemeanor convictions involving moral turpitude;

(iv) Possess a high school diploma or equivalency (GED) and five years experience working in a discipline pertinent to the provision of guardianship services, such as legal, financial, social service, or health care; or an Associate of Arts degree and three years experience working in a discipline pertinent to the provision of guardianship services, such as legal, financial, social service, or health care; or a Bachelor of Arts degree and one year of experience working in a discipline pertinent to the provision of guardianship services, such as legal, financial, social service, or health care; and

(v) Have completed the mandatory certification training.

(2) Agency Certification. Agencies must meet the following additional requirements:

(i) All officers and directors of the corporation must meet the qualifications of Chapter 11.88.020 RCW for guardians;

(ii) Each agency shall have at least two (2) individuals in the agency certified as professional guardians, whose residence or principal place of business is in Washington State and who are so designated in minutes or a resolution from the Board of Directors; and

(iii) Each agency shall file and maintain in every guardianship court file a current designation of each certified professional guardian with final decision-making authority for the incapacitated person or their estate.

(3) Training Program and Examination. Applicants must satisfy the Board's training program and examination requirements.

(4) Insurance Coverage. In addition to the bonding requirements of Chapter 11.88 RCW, applicants must be insured or bonded at all times in such amount as may be determined by the Board and shall notify the Board immediately of cancellation of required coverage.

(5) Financial Responsibility. Applicants must provide proof of ability to respond to damages resulting from acts or omissions in the performance of services as a guardian. Proof of financial responsibility shall be in such form and in such amount as the Board may prescribe by regulation.

(6) Application and Oath. Applicants must execute and file with the Board an approved application under oath.

(7) Fees. Applicants must pay fees as the Board may require by regulation.

(8) Denial of Certification. The Board may deny certification of an individual or agency based on the following criteria:

(i) Removal as guardian by a court order where;

(ii) a) Judgment has been entered against the professional guardian as a result of the performance of services as a guardian;

(iii) b) There is a Ffinding by the court that the professional guardian is guilty of has committed malfeasance, nonfeasance, misfeasance, a felony, or crime of moral turpitude;

(iv) (ii) Any adjudication of the types specified in RCW 43.43.830, and RCW 43.43.842;

(v) (iii) Finding by the court that the professional guardian has violated the guardian's duties to the incapacitated person or their estate; and

(vi) (iv) Pending or final professional licensing or disciplinary board actions or findings of violations.

(e) Disclosure Requirements. A Certified Professional Guardian or Certified Agency shall disclose to the Board upon application and on a continuing basis:

(i) (1) Removal as guardian by a court order where;

(ii) (a) Judgment has been entered against the professional guardian as a result of the performance of services as a guardian;

(iii) (b) There is a Ffinding by a court that the professional guardian is guilty of has committed malfeasance, nonfeasance, misfeasance, a felony, or crime of moral turpitude;

(iv) (2) Any adjudication of the types specified in RCW 43.43.830, and RCW 43.43.842;

(v) (3) Finding by a court that the professional guardian has violated the guardian's duties to the incapacitated person or their estate;

(vi) (4) Pending or final professional licensing or disciplinary board actions or findings of violations;

(vii) (5) Residential or business moves or changes in employment; and

(viii) (6) Names of Certified Professional Guardians they employ or who leave their employ.

(f) - (m) [No changes.]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

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