HB 2989 - DIGEST

(SUBSTITUTED FOR - SEE 1ST SUB)

     Provides that, when determining whether the guardian ad litem fees requested are just and reasonable and when determining the proper party to pay the fees, the court may, in its discretion, consider whether the person or estate of the ward was benefited by the proceedings and any other factors the court considers relevant.

     Declares that an attorney shall be allowed such compensation for his or her services as the court shall deem just and reasonable.  In determining whether the attorneys' fees requested are just and reasonable and properly payable from the ward's estate, the court, in its discretion, may consider whether the person or estate of the ward was benefited by the proceedings and any other factors the court considers relevant.

     Finds, as stated in the final report of the guardian certification study committee, which convened by legislative mandate in 1997, that the committee recommended further study of the issue presented by the sentence in RCW 11.92.180 which reads:  "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."  The legislature concurs with the committee that there is a need for additional study on the stated issue.