[Filed July 2, 2020, 9:49 a.m., effective August 2, 2020]

Effective Date of Rule: Thirty-one days after filing.

Purpose: General updates to language for clarity and updates to maximum estate size of beneficiaries.

Citation of Rules Affected by this Order: Amending WAC 484-40-005, 484-40-015, and 484-40-020.

Statutory Authority for Adoption: RCW 43.60A.70 [43.60A.070]. Other references are RCW 43.60A.70 [43.60A.070], 73.04.130.

Adopted under notice filed as WSR 20-11-012 on May 11, 2020.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 2, 2020.

Legislative Director

AMENDATORY SECTION(Amending WSR 80-09-069, filed 7/17/80)

WAC 484-40-005Scope of services.

As authorized by RCW 43.60A.070, the director of the department of veterans affairs, or ((his)) designee, is authorized to act as:

(1) Executor under the last will of the estate of any deceased veteran.

(2) Administrator of the estate of any deceased veteran.

(3) The ((guardian or)) duly appointed federal fiduciary of the estate of any ((insane or incompetent)) veteran deemed by the U.S. Department of Veterans Affairs or the Social Security Administration to be incompetent to handle their own finances.

(4) ((Guardian or))Duly appointed federal fiduciary of the estate of any person who is a bona fide resident of the state of Washington and who is certified by the ((veterans administration))U.S. Department of Veterans Affairs or the Social Security Administration as having money due from the ((veterans administration))U.S. Department of Veterans Affairs or the Social Security Administration, the payment of which is dependent upon the appointment of a ((guardian or other type)) fiduciary.

((No estate larger than $15,000.00, authorized by RCW 73.04.130 shall be eligible for any of the preceding categories.))

AMENDATORY SECTION(Amending Order 7659, filed 7/28/77)

WAC 484-40-015Case level.

(1) The director of the department of veterans affairs, or ((his)) designee, is authorized to provide the scope of services enumerated under WAC 484-40-005. ((He is not required to do so.))

(2) The director of veterans affairs shall determine when the case level is commensurate with available personnel and funding.

(3) The director of the department may refuse the provision of further services, under this chapter, whenever ((he deems appropriate for whatever reasons he deems)) appropriate.

AMENDATORY SECTION(Amending WSR 80-09-069, filed 7/17/80)

WAC 484-40-020Auditing.

(1) All funds received and disbursed in conjunction with services afforded under this chapter shall be accounted for by generally accepted accounting standards.

(2) The director of the department of veterans affairs or ((his)) designee shall cause a fiscal audit to be performed on all records and documents pertaining to the funds for which conservatorship is afforded under this chapter.

(3) Such audit may be performed by accountants within the department of veterans affairs or accountants from another governmental agency.

(((4) Such audit shall be performed at time intervals not to exceed fourteen months and shall ensure that no period of time shall be unaudited.))