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SENATE BILL 6604
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Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 02/16/94. Referred to Committee
on Ways & Means.
Changing provisions regarding
incapacitated persons who are medicaid recipients.
AN ACT Relating to
certain public assistance recipients who are incapacitated persons; amending
RCW 11.92.180; and adding a new section to chapter 43.20B RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 11.92.180 and 1991 c
289 s 12 are each amended to read as follows:
A guardian or limited
guardian shall be allowed such compensation for his or her services as guardian
or limited guardian as the court shall deem just and reasonable. Guardians and
limited guardians shall not be compensated at county or state expense.
Additional compensation may be allowed for other administrative costs,
including services of an attorney and for other services not provided by the
guardian or limited guardian. Where a guardian or limited guardian is an
attorney, the guardian or limited guardian shall separately account for time
for which compensation is requested for services as a guardian or limited
guardian as contrasted to time for which compensation for legal services
provided to the guardianship is requested. In all cases, compensation of the
guardian or limited guardian and his or her expenses including attorney's fees
shall be fixed by the court and may be allowed at any annual or final
accounting; but at any time during the administration of the estate, the
guardian or limited guardian or his or her attorney may apply to the court for
an allowance upon the compensation or necessary expenses of the guardian or
limited guardian and for attorney's fees for services already performed. If
the court finds that the guardian or limited guardian has failed to discharge
his or her duties as such in any respect, it may deny the guardian any
compensation whatsoever or may reduce the compensation which would otherwise be
allowed. Where the incapacitated person is a department of social and
health services client residing in a nursing facility or in a residential or
home setting and is required by the department of social and health services to
contribute a portion of their income towards the cost of residential or
supportive services then the amount of guardianship fees and additional
compensation for administrative costs shall not exceed the amount allowed by
the department of social and health services by rule, and shall not include
compensation for services provided or funded by the department or a department
contractor that the incapacitated person is eligible to receive.
NEW SECTION. Sec.
2. A new section is added to
chapter 43.20B RCW to read as follows:
The
department of social and health services shall establish by rule the maximum
amount of guardianship fees and additional compensation for administrative
costs that may be allowed by the court as compensation for a guardian or
limited guardian of an incapacitated person who is a department of social and
health services client residing in a nursing facility or in a residential or
home setting and is required by the department of social and health services to
contribute a portion of their income towards the cost of residential or
supportive services.
