S-4876.1                   _______________________________________________

 

                                            SUBSTITUTE SENATE BILL 6237

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1994 Regular Session

 

By Senate Committee on Government Operations (originally sponsored by Senators Franklin, M. Rasmussen, Winsley, Erwin, Quigley, Sellar and Oke; by request of Department of Veterans Affairs)

 

Read first time 02/04/94.

 

Implementing the veteran estate management program.



          AN ACT Relating to the veteran estate management program; amending RCW 73.04.130 and 73.36.050; adding new sections to chapter 73.04 RCW; and repealing RCW 73.36.070.

 

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

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 73.04 RCW to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.

          (1) "Director" means the director of the department of veterans affairs or the director's designee.

          (2) "Veteran estate management program" means the program under which the director serves as administrator or federal fiduciary of an incapacitated veteran's estate or incapacitated veteran's dependent's estate, or the executor of a deceased veteran's estate.

 

        Sec. 2.  RCW 73.04.130 and 1979 c 64 s 1 are each amended to read as follows:

          The director ((of the department of veterans affairs or his designee)) is authorized to ((act as executor under the last will, or as administrator of the estate of any deceased veteran, or as the guardian or duly appointed federal fiduciary of the estate of any insane or incompetent veteran, or as guardian or duly appointed federal fiduciary of the estate of any person)) implement a veteran estate management program and manage the estate of any incapacitated veteran or incapacitated veteran's dependent who:

          (1) Is a bona fide resident of the state of Washington ((and who is certified by the veterans' administration as having money due from the veterans' administration,)); and

          (2) The United States department of veterans affairs or the social security administration has determined that the payment of ((which)) benefits or entitlements is dependent upon the appointment of a ((guardian or other type fiduciary.  No fee shall be allowed or paid to the director or his designee for acting as executor, administrator, guardian or fiduciary, or to any attorney for the director or his designee)) federal fiduciary or representative payee; and

          (3) Requires the services of a fiduciary and a responsible family member is not available; or

          (4) Is deceased and has not designated an executor to dispose of the estate.

          The director ((or his designee,)) or any other interested person may petition the appropriate ((court)) authority for the appointment ((of the director or his designee.  Any such petition by the director or his designee shall be without cost and without fee)) as fiduciary for an incapacitated veteran or as the executor of the deceased veteran's estate.  If appointed, the director ((or his designee)) may serve without bond.  This section shall not affect the prior right to act as administrator of a ((veterans')) veteran's estate of such persons as are denominated in RCW 11.28.120 (1) and (2), nor shall this section affect the appointment of executor made in the last will of any veteran((, nor shall this section apply to estates larger than fifteen thousand dollars)).

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 73.04 RCW to read as follows:

          (1) The director may place a claim against the estate of an incapacitated or deceased veteran who is a veteran estate management program client.  The claim shall not exceed five percent of the monthly income to the estate and charges for reasonable expenses incurred in the execution or administration of the estate.  The director shall waive all or any portion of the claim if the payment or a portion thereof would pose a hardship to the veteran.

          (2) Any fees collected shall be deposited in the veteran estate management program fund, under section 4 of this act, and shall be available for the cost of managing and supporting the veteran estate management program.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 73.04 RCW to read as follows:

          The veteran estate management program account is created in the custody of the state treasurer.  All receipts from fees collected under section 3 of this act shall be deposited into the account.  Expenditures from the account may be used only for managing and supporting the veteran estate management program.  Only the director of veterans affairs or the director's designee may authorize expenditures from the account.  The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

 

        Sec. 5.  RCW 73.36.050 and 1951 c 53 s 5 are each amended to read as follows:

          (1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition.  If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thirty days after mailing of notice by the veterans administration to the last known address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this state.

          (2) The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the veterans administration and shall set forth the amount of moneys then due and the amount of probable future payments.

          (3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian.  Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.

          (4) In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration.

          (5) All proceedings under this chapter shall be governed by the provisions of chapters 11.88 and 11.92 RCW which shall prevail over any conflicting provisions of this chapter.

 

          NEW SECTION.  Sec. 6.  A new section is added to chapter 73.04 RCW to read as follows:

          The director or any other department of veterans affairs employee shall not serve as guardian for any resident at the Washington state veterans' homes.

 

          NEW SECTION.  Sec. 7.  RCW 73.36.070 and 1951 c 53 s 7 are each repealed.

 


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