1192 AMH GOOD H0982.2
HB 1192 - H AMD 232
By Representative Goodman
ADOPTED 03/08/2021
On page 2, after line 17, insert the following:
"(5) Sections 104 through 108 of this act clarify references to the effective date of chapter 11.130 RCW."
On page 122, after line 33, insert the following:
Sec. 104. "RCW 11.130.040 and 2020 c 312 s 303 are each amended to read as follows:
(1) The court shall issue letters of guardianship to a guardian on filing by the guardian of an acceptance of appointment.
(2) The court shall issue letters of conservatorship to a conservator on filing by the conservator of an acceptance of appointment and filing of any required bond or compliance with any other verified receipt required by the court.
(3) Limitations on the powers of a guardian or conservator or on the property subject to conservatorship must be included on the form prescribed by RCW 11.130.660.
(4) The court at any time may limit the powers conferred on a guardian or conservator. The court shall issue new letters of office to reflect the limitation.
(5) A guardian or conservator may not act on behalf of a person under guardianship or conservatorship without valid letters of office.
(6) The clerk of the superior court shall issue letters of guardianship or conservatorship in or substantially in the same form as set forth in RCW 11.130.660.
(7) Letters of office issued to a guardian or conservator who is a nonresident of this state must include the name and contact information for the resident agent of the guardian or conservator, appointed pursuant to RCW 11.130.090(1)(c).
(8) This chapter does not affect the validity of letters of office issued under chapter 11.88 RCW prior to January 1, ((2021))2022.
Sec. 105. RCW 11.130.245 and 2020 c 312 s 111 are each amended to read as follows:
(1) This chapter does not affect the validity of any court order issued under chapter 26.10 RCW prior to ((January 1, 2021))the repeal of chapter 26.10 RCW. Orders issued under chapter 26.10 RCW prior to ((January 1, 2021))the repeal of chapter 26.10 RCW, remain in effect and do not need to be reissued in a new order under this chapter.
(2) All orders issued under chapter 26.10 RCW prior to the effective date of chapter 437, Laws of 2019 remain operative after the effective date of chapter 437, Laws of 2019. After the effective date of chapter 437, Laws of 2019, if an order issued under chapter 26.10 RCW is modified, the modification is subject to the requirements of this chapter.
Sec. 106. RCW 11.130.670 and 2020 c 312 s 225 are each amended to read as follows:
(1) The certified professional guardianship board must resolve grievances against professional guardians and/or conservators within a reasonable time for alleged violations of the certified professional guardianship board's standards of practice, statutes, regulations, or rules, that relate to the conduct of a certified professional guardian or conservator.
(a) All grievances must initially be reviewed within thirty days by certified professional guardianship board members, or a subset thereof, to determine if the grievance is complete, states facts that describe a violation of the standards of practice, statutes, regulations, or rules, and relates to the conduct of a professional guardian and/or conservator, before investigating, requesting a response from the professional guardian or conservator, or forwarding to the superior courts. To be complete, grievances must provide sufficient details of the alleged conduct to demonstrate that a violation of the statute, regulation, standard of practice, or rule, relating to the conduct of a certified professional guardian or conservator could have occurred, the dates the alleged conduct occurred, and must be signed and dated by the person filing the grievance. Grievance investigations by the board are limited to the allegations contained in the grievance unless, after review by a majority of the members of the certified professional guardianship board, further investigation is justified.
(b) If the certified professional guardianship board determines the grievance is complete, states facts that allege a violation of the certified professional guardianship board's standards of practice, and relates to the conduct of a professional guardian and/or conservator, the certified professional guardianship board must forward that grievance within ten days to the superior court for that guardianship or conservatorship and to the professional guardian and/or conservator. The court must review the matter as set forth in RCW 11.130.140, and must direct the clerk of the court to send a copy of the order entered under this section to the certified professional guardianship board. The certified professional guardianship board must accept as facts any finding of fact contained in the order. The certified professional guardianship board must act consistently with any finding of fact issued in that order.
(2) Grievances received by the certified professional guardianship board must be investigated and the resolution determined and in process within one hundred eighty days of receipt. The one hundred eighty days is tolled during any period of time when:
(a) The certified professional guardianship board has provided a certified professional guardian or conservator an opportunity to respond to a grievance against the certified professional guardian or conservator and the certified professional guardianship board is awaiting the certified professional guardian or conservator's response;
(b) The certified professional guardianship board has forwarded a grievance to the superior court for review under subsection (1)(b) of this section and is awaiting receipt of the court's entered order with findings; or
(c) A certified professional guardianship board disciplinary hearing has been requested or is in process and during the time of posthearing board review of the hearing officer's recommendations through issuance of a final certified professional guardianship board's order on the matter.
(3) If the grievance cannot be resolved within one hundred eighty days, the certified professional guardianship board must notify the professional guardian and/or conservator. The professional guardian or conservator may propose a resolution of the grievance with facts and/or arguments. The certified professional guardianship board may accept the proposed resolution or determine that an additional ninety days are needed to review the grievance. If the certified professional guardianship board has not resolved the grievance within the additional ninety days the professional guardian or conservator may:
(a) File a motion for a court order to compel the certified professional guardianship board to resolve the grievance within a reasonable time; or
(b) Move for the superior court to resolve the grievance instead of being resolved by the certified professional guardianship board.
(4) The superior court has authority to enforce the certified professional guardianship board's standards of practice in this article to the extent those standards are related to statutory or fiduciary duties of guardians and conservators.
(5) Any unresolved grievances filed with the certified professional guardianship board one year or more before January 1, ((2021))2022, must be forwarded to the superior court for that guardianship or conservatorship for review by the superior court as set forth in RCW 11.130.140 if the grievance is not in process of a hearing or final resolution.
Sec. 107. RCW 11.130.910 and 2019 c 437 s 804 are each amended to read as follows:
This chapter applies to:
(1) A proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced after January 1, ((2021))2022; and
(2) A guardianship, conservatorship, or protective arrangement instead of a guardianship or conservatorship in existence on January 1, ((2021))2022, unless the court finds application of a particular provision of chapter 437, Laws of 2019 would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of chapter 437, Laws of 2019 does not apply and the superseded law applies.
NEW SECTION.  Sec. 108. Sections 106 and 107 of this act take effect January 1, 2022."
Correct the title.
EFFECT: Makes a technical correction to the effective date of several provisions of the Uniform Guardianship Act as it relates to adult guardianships and conservatorships. Modifies the effective date in a provision of the Uniform Guardianship Act as it relates to guardianship of minors due to the delay of the repeal of RCW 26.10 by order of Proclamation 20-84 (delaying the repeal of RCW 26.10).
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