SENATE BILL REPORT

SB 5766

BYSenators Vognild, Smith, Craswell, Bailey, Stratton, Warnke, DeJarnatt, Rasmussen, Kreidler, Wojahn and Johnson

Assigning an attorney general and investigator to investigate violations of the guardianship statute.

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 27, 1989; February 28, 1989

Majority Report:  That Substitute Senate Bill No. 5766 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Alice Zaleski (786-7755)

                  February 28, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 28, 1989

BACKGROUND:

The guardianship statute allows a person or agency to make decisions for an alleged incompetent person.  Oftentimes, the statute is used as a tool to exploit the alleged incompetent person.

The guardianship statute contains limited requirements to protect a senior's rights.  These requirements are sometimes ignored.  The Attorney General currently lacks the monitoring authority to enforce the requirements of the statute.

SUMMARY:

The Attorney General shall appoint an attorney and investigator for one to two years to investigate all complaints alleging violations of the guardianship statute.

The attorney and investigator shall randomly review court files throughout the state for guardianship violations.

The state may initiate a lawsuit against alleged violators of the statute.  The prevailing party may recover costs and attorney's fees.

The Attorney General must report the findings made by the investigatory team to the Children and Family Services Committee by January 1, 1990.

EFFECT OF PROPOSED SUBSTITUTE:

The attorney and investigator shall investigate complaints alleging violations of the guardianship statute.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Jane Boyajian, Department of Social and Health Services; Pat Lashway, Department of Social and Health Services.