1407 AMH SHMK CAMB 049
HB 1407 - H AMD 169
By Representative Schmick
On page 3, after line 2, insert the following:
"Sec. 3. RCW 11.92.180 and 1995 c 297 s 8 are each amended to read as follows:
A guardian or
limited guardian shall be allowed such compensation for his or her services as
guardian or limited guardian as the court shall deem just and reasonable.
Guardians and limited guardians shall not be compensated at county or state
expense. Additional compensation may be allowed for other administrative costs,
including services of an attorney and for other services not provided by the
guardian or limited guardian. Where a guardian or limited guardian is an
attorney, the guardian or limited guardian shall separately account for time
for which compensation is requested for services as a guardian or limited
guardian as contrasted to time for which compensation for legal services
provided to the guardianship is requested. In all cases, compensation of the
guardian or limited guardian and his or her expenses including attorney's fees
shall be fixed by the court and may be allowed at any annual or final
accounting; but at any time during the administration of the estate, the
guardian or limited guardian or his or her attorney may apply to the court for
an allowance upon the compensation or necessary expenses of the guardian or
limited guardian and for attorney's fees for services already performed. If the
court finds that the guardian or limited guardian has failed to discharge his
or her duties as such in any respect, it may deny the guardian any compensation
whatsoever or may reduce the compensation which would otherwise be allowed.
Where the incapacitated person is a department of social and health services
client residing in a nursing facility or in a residential or home setting and
is required by the department of social and health services to contribute a
portion of their income towards the cost of residential or supportive services
then the department shall be entitled to notice of proceedings as described in
RCW 11.92.150. ((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 superior court may allow
guardianship fees and administrative costs in an amount set out in an order.
For orders that establish or continue a legal guardianship for a client of the
department of social and health services, and requires a future review or
accounting, then:
(1) The amount of guardianship fees may not exceed fifteen percent of the incapacitated person's monthly income or one hundred seventy-five dollars per month, whichever is less;
(2) The amount of administrative costs directly related to establishing a guardianship may not exceed seven hundred dollars; and
(3) The amount of administrative costs may not exceed a total of six hundred dollars during any three-year period."
Correct the title.
|
|
EFFECT: Adds a section relating to guardianship fees, and removes from that section a provision allowing the Department of Social and Health Services to set certain guardianship fees and administrative costs by rule.
Limits guardianship fees and administrative costs in certain court orders that establish or continue a legal guardianship for a client of the Department of Social and Health Services.
Limits the amount of guardianship fees to 15% of the incapacitated person's monthly income or one hundred seventy-five dollars per month, whichever is less.
Limits the amount of administrative costs directly related to establishing a guardianship to $700 and limits administrative costs per year to $600 during any three-year period.
|
--- END ---