S-2147.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5667

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senate Committee on Human Services & Corrections (originally sponsored by Senators Roach, Haugen and Kohl; by request of Secretary of State)

Read first time 03/05/97.

Providing for certification of professional guardians. 

    AN ACT Relating to court appointed guardians; creating a new section; making an appropriation; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The administrator for the courts shall conduct a study on the feasibility and desirability of requiring all persons appointed as a guardian for three or more incapacitated persons in any consecutive twelve-month period, to whom the appointee is not related by blood or marriage, and who charges fees for guardianship services, to be certified as professional guardians.  The study shall include recommendations on:  (a) Possible criteria for certification; (b) the appropriate agency to provide certification; (c) standards of conduct and continuing education requirements; and (d) whether certification, if proposed, should apply to individuals, business entities, or both.

    (2) The administrator shall also study and make recommendations whether:  (a) Persons other than an alleged incapacitated should be given standing to request a jury trial to determine incapacity; (b) to clarify criteria for excluding persons from becoming a guardian based on criminal convictions; (c) following appointment of a guardian, a guardian ad litem may continue to serve at public expense; and (d) the court should have the authority to limit fees for attorneys, guardians, and guardians ad litem.

    (3) The administrator for the courts shall report the findings and recommendations to the senate human services and corrections committee and the house of representatives law and justice committee no later than December 31, 1997.

    (4) In conducting the review and study, the administrator for the courts shall consult with:  (a) The presidents or directors of all public benefit nonprofit corporations that are eligible to receive state funds under RCW 43.330.135; (b) the attorney general, or a designee; (c) the secretary of the department of social and health services, or a designee; (d) the superior court judges' association; (e) the Washington state bar association; (f) public defenders who represent children under Title 13 or 26 RCW; (g) private attorneys who represent persons under Titles 11, 13, and 26 RCW; (h) professionals who evaluate families for the purposes of determining the custody or placement decisions of children; (i) the office of financial management; (j) persons who act as volunteer or compensated guardians ad litem; and (k) persons who have been petitioners with guardianship cases.

    (5) This section expires July 1, 1998.

NEW SECTION. Sec. 2.  The sum of thirty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to the office of the administrator for the courts for the purposes of this act.

NEW SECTION. Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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