BILL REQ. #: S-1697.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/21/11.
AN ACT Relating to preventing predatory guardianships of incapacitated adults; amending RCW 11.88.030, 11.88.040, 11.88.120, 11.88.090, and 43.190.060; and adding a new section to chapter 2.56 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 11.88.030 and 2009 c 521 s 36 are each amended to read
as follows:
(1) Any person or entity may petition for the appointment of a
qualified person, trust company, national bank, or nonprofit
corporation authorized in RCW 11.88.020 as the guardian or limited
guardian of an incapacitated person. No liability for filing a
petition for guardianship or limited guardianship shall attach to a
petitioner acting in good faith and upon reasonable basis. A petition
for guardianship or limited guardianship shall state:
(a) The name, age, residence, and post office address of the
alleged incapacitated person;
(b) The nature of the alleged incapacity in accordance with RCW
11.88.010;
(c) The approximate value and description of property, including
any compensation, pension, insurance, or allowance, to which the
alleged incapacitated person may be entitled;
(d) Whether there is, in any state, a guardian or limited guardian,
or pending guardianship action for the person or estate of the alleged
incapacitated person;
(e) The residence and post office address of the person whom
petitioner asks to be appointed guardian or limited guardian;
(f) The names and addresses, and nature of the relationship, so far
as known or can be reasonably ascertained, of the persons most closely
related by blood, marriage, or state registered domestic partnership to
the alleged incapacitated person;
(g) The name and address of the person or facility having the care
and custody of the alleged incapacitated person;
(h) The reason why the appointment of a guardian or limited
guardian is sought and the interest of the petitioner in the
appointment, and whether the appointment is sought as guardian or
limited guardian of the person, the estate, or both;
(i) A description of any alternate arrangements previously made by
the alleged incapacitated person, such as trusts or powers of attorney,
including identifying any guardianship nominations contained in a power
of attorney, and why a guardianship is nevertheless necessary;
(j) The nature and degree of the alleged incapacity and the
specific areas of protection and assistance requested and the
limitation of rights requested to be included in the court's order of
appointment;
(k) The requested term of the limited guardianship to be included
in the court's order of appointment;
(l) Whether the petitioner is proposing a specific individual to
act as guardian ad litem and, if so, the individual's knowledge of or
relationship to any of the parties, and why the individual is proposed.
(2)(a) The attorney general may petition for the appointment of a
guardian or limited guardian in any case in which there is cause to
believe that a guardianship is necessary and no private party is able
and willing to petition.
(b) Prepayment of a filing fee shall not be required in any
guardianship or limited guardianship brought by the attorney general.
Payment of the filing fee shall be ordered from the estate of the
incapacitated person at the hearing on the merits of the petition,
unless in the judgment of the court, such payment would impose a
hardship upon the incapacitated person, in which case the filing shall
be waived.
(3) No filing fee shall be charged by the court for filing either
a petition for guardianship or a petition for limited guardianship if
the petition alleges that the alleged incapacitated person has total
assets of a value of less than three thousand dollars.
(4)(a) Notice that a guardianship proceeding has been commenced
shall be personally served upon the alleged incapacitated person and
the guardian ad litem along with a copy of the petition for appointment
of a guardian. Such notice shall be served not more than five court
days after the petition has been filed.
(b) Notice under this subsection shall include a clear and easily
readable statement of the legal rights of the alleged incapacitated
person that could be restricted or transferred to a guardian by a
guardianship order as well as the right to counsel of choice and to a
jury trial on the issue of incapacity. Such notice shall be in
substantially the following form and shall be in capital letters,
double-spaced, and in a type size not smaller than ten-point type:
Sec. 2 RCW 11.88.040 and 2008 c 6 s 803 are each amended to read
as follows:
(1) Before appointing a guardian or a limited guardian, notice of
a hearing, to be held not less than ten days after service thereof,
shall be served personally upon the alleged incapacitated person, if
over fourteen years of age, and served upon the guardian ad litem.
(2) Before appointing a guardian or a limited guardian, notice of
a hearing, to be held not less than ((ten)) fifteen days after service
thereof, ((shall)) the name of the person who the court or guardian ad
litem proposes to be appointed as guardian or limited guardian, a copy
of the petition for appointment of guardian, and the statement of the
legal rights of the alleged incapacitated person that could be
restricted or transferred to a guardian by a guardianship order must be
given by registered or certified mail to the last known address
requesting a return receipt signed by the addressee or an agent
appointed by the addressee, or by personal service in the manner
provided for services of summons, to the following:
(((1))) (a) The alleged incapacitated person, or minor, if under
fourteen years of age;
(((2))) (b) A parent, if the alleged incapacitated person is a
minor, all known children not residing with a notified person, and the
spouse or domestic partner of the alleged incapacitated person if any;
(((3))) (c) Any other person who has been appointed as guardian or
limited guardian, or the person with whom the alleged incapacitated
person resides. No notice need be given to those persons named in
((subsections (2) and (3))) (a) and (b) of this subsection if they have
signed the petition for the appointment of the guardian or limited
guardian or have waived notice of the hearing.
(((4))) (3) If the petition is by a parent asking for appointment
as guardian or limited guardian of a minor child under the age of
fourteen years, or if the petition is accompanied by the written
consent of a minor of the age of fourteen years or upward, who consents
to the appointment of the guardian or limited guardian asked for, or if
the petition is by a nonresident guardian of any minor or incapacitated
person, then the court may appoint the guardian without notice of the
hearing. The court for good cause may reduce the number of days of
notice, but in every case, at least three days notice shall be given.
(4) The alleged incapacitated person shall be present in court at
the final hearing on the petition((: PROVIDED, That)). However, this
requirement may be waived at the discretion of the court for good cause
other than mere inconvenience shown in the report to be provided by the
guardian ad litem pursuant to RCW 11.88.090 as now or hereafter
amended, or if no guardian ad litem is required to be appointed
pursuant to RCW 11.88.090, as now or hereafter amended, at the
discretion of the court for good cause shown by a party.
Alternatively, the court may remove itself to the place of residence of
the alleged incapacitated person and conduct the final hearing in the
presence of the alleged incapacitated person. Final hearings on the
petition may be held in closed court without admittance of any person
other than those necessary to the action or proceeding.
(5) If presence of the alleged incapacitated person is waived and
the court does not remove itself to the place of residence of such
person, the guardian ad litem shall appear in person at the final
hearing on the petition.
Sec. 3 RCW 11.88.120 and 1991 c 289 s 7 are each amended to read
as follows:
(1) At any time after establishment of a guardianship or
appointment of a guardian, the court may, upon the death of the
guardian or limited guardian, or, for other good reason, modify or
terminate the guardianship or replace the guardian or limited guardian.
(2) Any person, including an incapacitated person, may apply to the
court for an order to modify or terminate a guardianship or to replace
a guardian or limited guardian.
(a) If applicants are represented by counsel, counsel shall move
for an order to show cause why the relief requested should not be
granted.
(b) If applicants are not represented by counsel, they may move for
an order to show cause, or they may deliver a written request to the
clerk of the court, which must be considered by the court as the
equivalent of a motion for an order to show cause.
(3) By the next judicial day after receipt of ((an unrepresented))
a person's request to modify or terminate a guardianship order, or to
replace a guardian or limited guardian, the clerk shall deliver the
request to the court. The court ((may (a))) must direct the clerk to
schedule a hearing((, (b))) on the request and mail notice to the
guardian, the incapacitated person, the applicant, all counsel of
record, and any other person entitled to receive notice of proceedings
in the matter, except that the court may deny the application without
scheduling a hearing, if it appears based on documents in the court
file that the application is frivolous. The court may appoint a
guardian ad litem to investigate the issues raised by the application
or to take any emergency action the court deems necessary to protect
the incapacitated person until a hearing can be held((, or (c) deny the
application without scheduling a hearing, if it appears based on
documents in the court file that the application is frivolous)). Any
denial of an application without a hearing shall be in writing with the
reasons for the denial explained. A copy of the order shall be mailed
by the clerk to the applicant, to the guardian, and to any other person
entitled to receive notice of proceedings in the matter. ((Unless
within thirty days after receiving the request from the clerk the court
directs otherwise, the clerk shall schedule a hearing on the request
and mail notice to the guardian, the incapacitated person, the
applicant, all counsel of record, and any other person entitled to
receive notice of proceedings in the matter.))
(4) In a hearing on an application to modify or terminate a
guardianship, or to replace a guardian or limited guardian, the court
may grant such relief as it deems just and in the best interest of the
incapacitated person. A professional guardian shall have the burden of
proving that he or she has met his or her fiduciary duties and
professional and ethical duties as proscribed by the certified
professional guardian board.
(5) If the applicant petitioning the court to remove a guardian is
the person or persons who originally petitioned the court to establish
the guardianship, the guardian is a professional guardian, and the
application is received within the first year of the guardianship, then
the court must grant the request and appoint a new guardian, unless the
request appears to be frivolous, based on an improper motive, or it
appears that granting the request would result in a substantial
detriment to the incapacitated person. Relief under this subsection
cannot be requested for any subsequent guardian.
(6) The court may order persons who have been removed as guardians
to deliver any property or records belonging to the incapacitated
person in accordance with the court's order. Similarly, when guardians
have died or been removed and property or records of an incapacitated
person are being held by any other person, the court may order that
person to deliver it in accordance with the court's order.
Disobedience of an order to deliver shall be punishable as contempt of
court.
Sec. 4 RCW 11.88.090 and 2008 c 6 s 804 are each amended to read
as follows:
(1) Nothing contained in RCW 11.88.080 through 11.88.120, 11.92.010
through 11.92.040, 11.92.060 through 11.92.120, 11.92.170, and
11.92.180 shall affect or impair the power of any court to appoint a
guardian ad litem to defend the interests of any incapacitated person
interested in any suit or matter pending therein, or to commence and
prosecute any suit in his or her behalf.
(2) Prior to the appointment of a guardian or a limited guardian,
whenever it appears that the incapacitated person or incapacitated
person's estate could benefit from mediation and such mediation would
likely result in overall reduced costs to the estate, upon the motion
of the alleged incapacitated person or the guardian ad litem, or
subsequent to such appointment, whenever it appears that the
incapacitated person or incapacitated person's estate could benefit
from mediation and such mediation would likely result in overall
reduced costs to the estate, upon the motion of any interested person,
the court may:
(a) Require any party or other person subject to the jurisdiction
of the court to participate in mediation;
(b) Establish the terms of the mediation; and
(c) Allocate the cost of the mediation ((pursuant to RCW
11.96.140)).
(3)(a) Upon receipt of a petition for appointment of guardian or
limited guardian, except as provided herein, the court shall appoint a
guardian ad litem to represent the best interests of the alleged
incapacitated person, who shall be a person found or known by the court
to:
(((a))) (i) Be free of influence from anyone interested in the
result of the proceeding; and
(((b))) (ii) Have the requisite knowledge, training, or expertise
to perform the duties required by this section.
(b) The guardian ad litem shall within five days of receipt of
notice of appointment file with the court and serve, either personally
or by certified mail with return receipt, each party with a statement
including: His or her training relating to the duties as a guardian ad
litem; his or her criminal history as defined in RCW 9.94A.030 for the
period covering ten years prior to the appointment; his or her hourly
rate, if compensated; whether the guardian ad litem has had any contact
with a party to the proceeding prior to his or her appointment; and
whether he or she has an apparent conflict of interest. Within three
days of the later of the actual service or filing of the guardian ad
litem's statement, any party may set a hearing and file and serve a
motion for an order to show cause why the guardian ad litem should not
be removed for one of the following three reasons: (i) Lack of
expertise necessary for the proceeding; (ii) an hourly rate higher than
what is reasonable for the particular proceeding; or (iii) a conflict
of interest. Notice of the hearing shall be provided to the guardian
ad litem and all parties. If, after a hearing, the court enters an
order replacing the guardian ad litem, findings shall be included,
expressly stating the reasons for the removal. If the guardian ad
litem is not removed, the court has the authority to assess to the
moving party, attorneys' fees and costs related to the motion. The
court shall assess attorneys' fees and costs for frivolous motions.
(c) No guardian ad litem need be appointed when a parent is
petitioning for a guardian or a limited guardian to be appointed for
his or her minor child and the minority of the child, as defined by RCW
11.92.010, is the sole basis of the petition. The order appointing the
guardian ad litem shall recite the duties set forth in subsection (5)
of this section. The appointment of a guardian ad litem shall have no
effect on the legal competency of the alleged incapacitated person and
shall not overcome the presumption of competency or full legal and
civil rights of the alleged incapacitated person.
(4)(a) The superior court of each county shall develop and maintain
a registry of persons who are willing and qualified to serve as
guardians ad litem in guardianship matters. The court shall choose as
guardian ad litem a person whose name appears on the registry in a
system of consistent rotation, except in extraordinary circumstances
such as the need for particular expertise. The court shall develop
procedures for periodic review of the persons on the registry and for
probation, suspension, or removal of persons on the registry for
failure to perform properly their duties as guardian ad litem. In the
event the court does not select the person next on the list, it shall
include in the order of appointment a written reason for its decision.
(b) To be eligible for the registry a person shall:
(i) Present a written statement outlining his or her background and
qualifications. The background statement shall include, but is not
limited to, the following information:
(A) Level of formal education;
(B) Training related to the guardian ad litem's duties;
(C) Number of years' experience as a guardian ad litem;
(D) Number of appointments as a guardian ad litem and the county or
counties of appointment;
(E) Criminal history, as defined in RCW 9.94A.030; and
(F) Evidence of the person's knowledge, training, and experience in
each of the following: Needs of impaired elderly people, physical
disabilities, mental illness, developmental disabilities, and other
areas relevant to the needs of incapacitated persons, legal procedure,
and the requirements of chapters 11.88 and 11.92 RCW.
The written statement of qualifications shall include the names of
any counties in which the person was removed from a guardian ad litem
registry pursuant to a grievance action, and the name of the court and
the cause number of any case in which the court has removed the person
for cause; and
(ii) Complete the training as described in (e) of this subsection.
The training is not applicable to guardians ad litem appointed pursuant
to special proceeding Rule 98.16W.
(c) Superior court shall remove any person from the guardian ad
litem registry who misrepresents his or her qualifications pursuant to
a grievance procedure established by the court.
(d) The background and qualification information shall be updated
annually.
(e) The department of social and health services shall convene an
advisory group to develop a model guardian ad litem training program
and shall update the program biennially. The advisory group shall
consist of representatives from consumer, advocacy, and professional
groups knowledgeable in developmental disabilities, neurological
impairment, physical disabilities, mental illness, domestic violence,
aging, legal, court administration, the Washington state bar
association, and other interested parties.
(f) The superior court shall require utilization of the model
program developed by the advisory group as described in (e) of this
subsection, to assure that candidates applying for registration as a
qualified guardian ad litem shall have satisfactorily completed
training to attain these essential minimum qualifications to act as
guardian ad litem.
(5) The guardian ad litem appointed pursuant to this section
((shall have)) has the following duties:
(a) To meet and consult with the alleged incapacitated person as
soon as practicable following appointment and explain, in language
which such person can reasonably be expected to understand, the
substance of the petition, the nature of the resultant proceedings, the
person's right to contest the petition, the identification of the
proposed guardian or limited guardian, the right to a jury trial on the
issue of his or her alleged incapacity, the right to independent legal
counsel as provided by RCW 11.88.045, and the right to be present in
court at the hearing on the petition;
(b) To obtain a written report according to RCW 11.88.045; and such
other written or oral reports from other qualified professionals as are
necessary to permit the guardian ad litem to complete the report
required by this section;
(c) To meet with the person whose appointment is sought as guardian
or limited guardian and ascertain:
(i) The proposed guardian's knowledge of the duties, requirements,
and limitations of a guardian; and
(ii) The steps the proposed guardian intends to take or has taken
to identify and meet the needs of the alleged incapacitated person;
(d) To consult as necessary to complete the investigation and
report required by this section with those known relatives, friends, or
other persons the guardian ad litem determines have had a significant,
continuing interest in the welfare of the alleged incapacitated person;
(e) To investigate alternate arrangements made, or which might be
created, by or on behalf of the alleged incapacitated person, such as
revocable or irrevocable trusts, durable powers of attorney, or blocked
accounts; whether good cause exists for any such arrangements to be
discontinued; and why such arrangements should not be continued or
created in lieu of a guardianship;
(f) To provide the court with a written report which shall include
the following:
(i) A description of the nature, cause, and degree of incapacity,
and the basis upon which this judgment was made;
(ii) A description of the needs of the incapacitated person for
care and treatment, the probable residential requirements of the
alleged incapacitated person and the basis upon which these findings
were made;
(iii) An evaluation of the appropriateness of the guardian or
limited guardian whose appointment is sought and a description of the
steps the proposed guardian has taken or intends to take to identify
and meet current and emerging needs of the incapacitated person;
(iv) A description of any alternative arrangements previously made
by the alleged incapacitated person or which could be made, and whether
and to what extent such alternatives should be used in lieu of a
guardianship, and if the guardian ad litem is recommending
discontinuation of any such arrangements, specific findings as to why
such arrangements are contrary to the best interest of the alleged
incapacitated person;
(v) A description of the abilities of the alleged incapacitated
person and a recommendation as to whether a guardian or limited
guardian should be appointed. If appointment of a limited guardian is
recommended, the guardian ad litem shall recommend the specific areas
of authority the limited guardian should have and the limitations and
disabilities to be placed on the incapacitated person;
(vi) An evaluation of the person's mental ability to rationally
exercise the right to vote and the basis upon which the evaluation is
made;
(vii) Any expression of approval or disapproval made by the alleged
incapacitated person concerning the proposed guardian or limited
guardian or guardianship or limited guardianship;
(viii) Identification of persons with significant interest in the
welfare of the alleged incapacitated person who should be advised of
their right to request special notice of proceedings pursuant to RCW
11.92.150; and
(ix) Unless independent counsel has appeared for the alleged
incapacitated person, an explanation of how the alleged incapacitated
person responded to the advice of the right to jury trial, to
independent counsel and to be present at the hearing on the petition.
Within forty-five days after notice of commencement of the
guardianship proceeding has been served upon the guardian ad litem, and
at least fifteen days before the hearing on the petition, unless an
extension or reduction of time has been granted by the court for good
cause, the guardian ad litem shall file its report and send a copy to
the alleged incapacitated person and his or her counsel, spouse or
domestic partner, all children not residing with a notified person,
those persons described in (f)(viii) of this subsection, and persons
who have filed a request for special notice pursuant to RCW 11.92.150.
If the guardian ad litem needs additional time to finalize his or her
report, then the guardian ad litem shall petition the court for a
postponement of the hearing or, with the consent of all other parties,
an extension or reduction of time for filing the report. If the
hearing does not occur within sixty days of filing the petition, then
upon the two-month anniversary of filing the petition and on or before
the same day of each following month until the hearing, the guardian ad
litem shall file interim reports summarizing his or her activities on
the proceeding during that time period as well as fees and costs
incurred;
(g) To advise the court of the need for appointment of counsel for
the alleged incapacitated person within five court days after the
meeting described in (a) of this subsection unless (i) counsel has
appeared, (ii) the alleged incapacitated person affirmatively
communicated a wish not to be represented by counsel after being
advised of the right to representation and of the conditions under
which court-provided counsel may be available, or (iii) the alleged
incapacitated person was unable to communicate at all on the subject,
and the guardian ad litem is satisfied that the alleged incapacitated
person does not affirmatively desire to be represented by counsel;
(h) To disclose in writing to the court any prior or existing
relationship, or other circumstance that would cause the appearance of
a conflict of interest in the guardian ad litem's recommendation when
the guardian ad litem is making a recommendation of appointment of a
particular person or persons as a guardian to a court. Such disclosure
must also be provided to persons receiving copies of the report as
required in (f)(ix) of this subsection (5).
(6) If the petition is brought by an interested person or entity
requesting the appointment of some other qualified person or entity and
a prospective guardian or limited guardian cannot be found, the court
shall order the guardian ad litem to investigate the availability of a
possible guardian or limited guardian and to include the findings in a
report to the court pursuant to subsection (5)(f) of this section.
(7) The parties to the proceeding may file responses to the
guardian ad litem report with the court and deliver such responses to
the other parties and the guardian ad litem at any time up to the
second day prior to the hearing. If a guardian ad litem fails to file
his or her report in a timely manner, the hearing shall be continued to
give the court and the parties at least fifteen days before the hearing
to review the report. At any time during the proceeding upon motion of
any party or on the court's own motion, the court may remove the
guardian ad litem for failure to perform his or her duties as specified
in this chapter, provided that the guardian ad litem shall have five
days' notice of any motion to remove before the court enters such
order. In addition, the court in its discretion may reduce a guardian
ad litem's fee for failure to carry out his or her duties.
(8) The court appointed guardian ad litem shall have the authority,
in the event that the alleged incapacitated person is in need of
emergency life-saving medical services, and is unable to consent to
such medical services due to incapacity pending the hearing on the
petition to give consent for such emergency life-saving medical
services on behalf of the alleged incapacitated person.
(9) The court-appointed guardian ad litem shall have the authority
to move for temporary relief under chapter 7.40 RCW to protect the
alleged incapacitated person from abuse, neglect, abandonment, or
exploitation, as those terms are defined in RCW 74.34.020, or to
address any other emergency needs of the alleged incapacitated person.
Any alternative arrangement executed before filing the petition for
guardianship shall remain effective unless the court grants the relief
requested under chapter 7.40 RCW, or unless, following notice and a
hearing at which all parties directly affected by the arrangement are
present, the court finds that the alternative arrangement should not
remain effective.
(10) The guardian ad litem shall receive a fee determined by the
court. The fee shall be charged to the alleged incapacitated person
unless the court finds that such payment would result in substantial
hardship upon such person, in which case the county shall be
responsible for such costs: PROVIDED, That the court may charge such
fee to the petitioner, the alleged incapacitated person, or any person
who has appeared in the action; or may allocate the fee, as it deems
just. If the petition is found to be frivolous or not brought in good
faith, the guardian ad litem fee shall be charged to the petitioner.
The court shall not be required to provide for the payment of a fee to
any salaried employee of a public agency.
(11) Upon the presentation of the guardian ad litem report and the
entry of an order either dismissing the petition for appointment of
guardian or limited guardian or appointing a guardian or limited
guardian, the guardian ad litem shall be dismissed and shall have no
further duties or obligations unless otherwise ordered by the court.
If the court orders the guardian ad litem to perform further duties or
obligations, they shall not be performed at county expense.
(12) The guardian ad litem shall appear in person at all hearings
on the petition unless all parties provide a written waiver of the
requirement to appear.
(13) At any hearing the court may consider whether any person who
makes decisions regarding the alleged incapacitated person or estate
has breached a statutory or fiduciary duty.
NEW SECTION. Sec. 5 A new section is added to chapter 2.56 RCW
to read as follows:
The administrator for the courts must publish on its web site
information regarding professional and lay guardians. The purpose of
the publication is to provide family members of incapacitated adults
with information detailing: What a guardian is, the different types of
guardianships in Washington, the powers granted to a guardian, an
explanation of how professional guardian fees are approved by the court
and how professional guardians may bill for their services, a
description of the process to modify a guardianship or to remove a
guardian, and information about the certified professional guardian
board and program.
Sec. 6 RCW 43.190.060 and 1999 c 133 s 1 are each amended to read
as follows:
(1) A long-term care ombudsman ((shall)) must:
(((1))) (a) Identify, investigate, and resolve complaints made by
or on behalf of residents of long-term care facilities relating to
administrative action, inaction, or decisions which may adversely
affect the health, safety, welfare, and rights of these individuals;
(((2))) (b) Monitor the development and implementation of federal,
state, and local laws, rules, regulations, and policies with respect to
long-term care facilities in this state;
(((3))) (c) Provide information as appropriate to residents,
resident representatives, and others regarding the rights of residents,
and to public agencies regarding the problems of individuals residing
in long-term care facilities; and
(((4))) (d) Provide for training volunteers and promoting the
development of citizen organizations to participate in the ombudsman
program. A trained volunteer long-term care ombudsman, in accordance
with the policies and procedures established by the state long-term
care ombudsman program, shall inform residents, their representatives,
and others about the rights of residents, and may identify,
investigate, and resolve complaints made by or on behalf of residents
of long-term care facilities relating to action, inaction, or
decisions, that may adversely affect the health, safety, welfare, and
rights of these individuals.
(2) Publish on a web site, or otherwise make available to
residents, families of residents, and the public information regarding
professional and lay guardians. The purpose of the publication is to
provide family members of incapacitated adults with information
detailing: What a guardian is, the different types of guardianships in
Washington, the powers granted to a guardian, an explanation of how
professional guardian fees are approved by the court and how
professional guardians may bill for their services, a description of
the process to modify a guardianship or to remove a guardian, and
information about the certified professional guardian board and
program.
(3) Nothing in ((chapter 133, Laws of 1999 shall)) this section or
RCW 43.190.065 may be construed to empower the state long-term care
ombudsman or any local long-term care ombudsman with statutory or
regulatory licensing or sanctioning authority.