BILL REQ. #:  S-1185.1 

Read first time 02/08/13.   Referred to Committee on Law & Justice.

     AN ACT Relating to standby guardians and limited guardians; amending RCW 11.88.125; and providing an effective date.

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

Sec. 1   RCW 11.88.125 and 2011 c 329 s 5 are each amended to read as follows:
     (1)(a) The person appointed by the court as either guardian or limited guardian of the person and/or estate of an incapacitated person shall file in writing with the court, within ninety days from the date of appointment, a notice designating a standby limited guardian or guardian to serve as limited guardian or guardian at the death ((or)), legal incapacity, or planned absence of the court-appointed guardian or limited guardian.
     (b) The notice shall state the name, address, zip code, and telephone number of the designated standby or limited guardian.
     (c) Notice of the guardian's designation of the standby guardian shall be given to the standby guardian, the incapacitated person and his or her spouse or domestic partner and adult children, any facility in which the incapacitated person resides, and any person entitled to special notice under RCW 11.92.150 or any person entitled to receive pleadings pursuant to RCW 11.88.095(2)(j). ((Such))
     (2)(a) If the regularly appointed guardian or limited guardian dies, becomes incapacitated, is out of state, or is otherwise unavailable to fulfill his or her duties, then the standby guardian or limited guardian shall have all the powers, duties, and obligations of the regularly appointed guardian or limited guardian ((and in addition shall,)).
     (b) The regularly appointed guardian or limited guardian may delegate decision-making authority to the standby guardian or limited guardian in advance of a planned absence.
     (c) Within a period of thirty days from the death or adjudication of incapacity of the regularly appointed guardian or limited guardian, the standby guardian or limited guardian must file with the superior court in the county in which the guardianship or limited guardianship is then being administered, a petition for appointment of a substitute guardian or limited guardian. Upon the court's appointment of a new, substitute guardian or limited guardian, the standby guardian or limited guardian shall make an accounting and report to be approved by the court, and upon approval of the court, the standby guardian or limited guardian shall be released from all duties and obligations arising from or out of the guardianship or limited guardianship.
     (((2))) (d) The standby guardian or limited guardian must receive notice of all proceedings.
     (e) The regularly appointed guardian or limited guardian must report quarterly to the designated standby guardian or limited guardian, or when there is a substantial change in circumstances, to keep the standby guardian or limited guardian adequately informed about the needs of the incapacitated person. This report may be made by phone or other reasonable means.
     (f) If the standby guardian or limited guardian is required to act due to the death, incapacity, or absence of the regularly appointed guardian or limited guardian, then the standby guardian may apply to the court to be paid for fees and costs.
     (3) Letters of guardianship shall be issued to the standby guardian or limited guardian upon filing an oath and posting a bond as required by RCW 11.88.100 as now or hereafter amended. The oath may be filed prior to the appointed guardian or limited guardian's death. Notice of such appointment shall be provided to the standby guardian, the incapacitated person, and any facility in which the incapacitated person resides. The provisions of RCW 11.88.100 through 11.88.110 as now or hereafter amended shall apply to standby guardians and limited guardians.
     (((3))) (4) In addition to the powers of a standby limited guardian or guardian as noted in subsections (1) and (2) of this section, the standby limited guardian or guardian shall have the authority to provide timely, informed consent to necessary medical procedures, as authorized in RCW 11.92.040 as now or hereafter amended, if the guardian or limited guardian cannot be located within four hours after the need for such consent arises.

NEW SECTION.  Sec. 2   This act takes effect May 1, 2014.