SENATE BILL REPORT
SB 5017
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As of January 25, 2007
Title: An act relating to guardianship fees and costs.
Brief Description: Allocating guardianship fees and costs to substantially prevailing party.
Sponsors: Senators Jacobsen and Shin.
Brief History:
Committee Activity: Judiciary: 1/26/07.
SENATE COMMITTEE ON JUDICIARY
Staff: Lidia Mori (786-7755)
Background: A superior court may require a person to participate in mediation whenever it
appears that the incapacitated person or his or her estate could benefit from mediation. The court
may order the participation in mediation either before the appointment of a guardian or limited
guardian for an incapacitated person or after the appointment of a guardian. Before requiring the
mediation, the court will also consider whether mediation will likely result in overall reduced
costs to the estate. The court may establish the terms of the mediation and allocate the cost of
the mediation.
The court decides whether a guardian or a limited guardian should be allowed compensation and
the court decides how much is just and reasonable. Guardians may not be compensated at county
or state expense.
Summary of Bill: After a court determines that an incapacitated person or his or her estate
could benefit from mediation, the court is directed to allocate the cost of the mediation to the
substantially prevailing party, if any. If there is no substantially prevailing party, each party will
pay its own costs and attorneys' fees.
When a professional guardian petitions the court to be appointed as the guardian or limited
guardian of an incapacitated person, the professional guardian and his or her attorney will not be
compensated by the alleged incapacitated person for time spent bringing the petition unless the
professional guardian is the substantially prevailing party. This also applies to a professional
guardian in an action to modify or terminate a guardianship or limited guardianship for the time
spent opposing a petition or action to modify or terminate the guardianship, unless the
professional guardian is the substantially prevailing party.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.