AN ACT Relating to guardianships; amending RCW 11.88.005, 11.88.010, 11.88.030, 11.88.040, 11.88.045, 11.88.090, 11.88.100, 11.88.105, 11.88.107, 11.88.125, 11.88.140, and 11.92.040; and adding new sections to chapter 11.88 RCW.

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

Sec. 1. Section 1, chapter 95, Laws of 1975 1st ex. sess. as amended by section 1, chapter 309, Laws of 1977 ex. sess. and RCW 11.88.005 are each amended to read as follows:

It is the intent and purpose of the legislature to recognize that ((~~disabled~~)) all persons who are the subject of a guardianship proceeding have special and unique abilities ((~~and competencies~~)) with varying degrees of ((~~disability~~)) incapacity.

Such persons must be legally protected without the necessity for determination of total ((~~incompetency~~)) incapacity and without the attendant deprivation of civil and legal rights that such a determination requires.

It is the further purpose of this chapter to encourage the development of maximum self-reliance in an individual; to encourage rehabilitative care, rather than custodial care for incapacitated individuals; and to impose protective orders only to the extent necessitated by the individual's functional limitations. A finding of total incapacity should occur only in those cases in which it is impossible to fashion a least-restrictive guardianship order.

NEW SECTION. Sec. 2. A new section is added to chapter 11.88 RCW to read as follows:

An incapacitated person for whom a guardian has been appointed is not presumed to be incapacitated and retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted to the guardian by the court.

Sec. 3. Section 11.88.010, chapter 145, Laws of 1965 as last amended by section 176, chapter 149, Laws of 1984 and RCW 11.88.010 are each amended to read as follows:

(1) The superior court of each county shall have the power to appoint guardians for ((~~the persons and estates, or either thereof, of incompetent~~)) incapacitated persons, and guardians for the estates of all such persons who are nonresidents of the state but who have property in such county needing care and attention.

((~~An "incompetent" is any person who is either:~~

~~(a) Under the age of majority, as defined in RCW 11.92.010, or~~

(b) Incompetent by reason of mental illness, developmental disability, senility, habitual drunkenness, excessive use of drugs, or other mental incapacity, of either managing his property or caring for himself or both.

(2) The superior court for each county shall have power to appoint limited guardians for the persons and estates, or either thereof, of disabled persons, who by reason of their disability have need for protection and assistance, but who cannot be found to be fully incompetent, upon investigation as provided by RCW 11.88.090 as now or hereafter amended. After considering all evidence presented as a result of such investigation, the court shall impose, by order, only such specific limitations and disabilities on a disabled person to be placed under a limited guardianship as the court finds necessary for such person's protection and assistance. A person shall not be presumed to be incompetent nor shall a person lose any legal rights or suffer any legal disabilities as the result of being placed under a limited guardianship, except as to those rights and disabilities specifically set forth in the court order establishing such a limited guardianship. In addition, the court order shall state the period of time for which it shall be applicable.

For the purposes of chapters 11.88 and 11.92 RCW the term "disabled person" means an individual who is in need of protection and assistance by reason of mental illness, developmental disability, senility, habitual drunkenness, excessive use of drugs, or other mental incapacity, but cannot be found to be fully incompetent.

~~(3)~~)) (2) Venue for petitions for guardianship ((~~or limited guardianship~~)) shall lie in the county wherein the alleged ((~~incompetent or disabled~~)) incapacitated person is domiciled, or if such person is a resident of a state institution for developmentally disabled persons, in either the county wherein such institution is located, the county of domicile, or the county wherein a parent of the alleged ((~~incompetent or disabled~~)) incapacitated person is domiciled. However, if the alleged incapacitated person's residency has changed within one year of the filing of the petition, venue shall, upon request of the alleged incapacitated person, be in the county where the alleged incapacitated person previously resided.

((~~(4)~~)) (3) Under RCW 11.94.010, a principal may nominate, by a durable power of attorney, ((~~the~~)) a guardian ((~~or limited guardian of his or her estate or person~~)) for consideration by the court if protective proceedings ((~~for the principal's person or estate~~)) are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.

NEW SECTION. Sec. 4. A new section is added to chapter 11.88 RCW to read as follows:

As used in this chapter or chapter 11.92 RCW:

(1) "Alternatives to guardianship" means alternative resources including, but not limited to, service alternatives such as visiting nurses; homemakers; home health aides; adult day care and multipurpose senior citizen centers; case management services; personal care and residential facilities, such as adult family homes; legal alternatives, such as substitute decision-making mechanisms and powers of attorney; representative or protective payees; joint bank accounts or inter vivos trusts.

(2) "Functional limitations" means mental or cognitive disorder or physical conditions in an individual which impair the individual's ability to participate in or perform activities of daily living that secure and maintain food, clothing, shelter, health care, or safety for himself or herself.

(3) "Incapacitated" means a legal, not a medical, disability and shall be measured by functional limitations. It shall refer to any person who, because of functional limitations, has sustained or is likely to sustain substantial harm due to an inability to provide for the person's personal needs for food, clothing, shelter, health care, or safety or an inability to manage his or her property or financial affairs. Inability to provide for personal needs or to manage property shall be evidenced by acts or occurrences, or statements which strongly indicate imminent acts or specific past occurrences. All specific past occurrences must have occurred within six months before the filing of the petition and at least one incidence of such behavior must have occurred within twenty days of the filing of the petition for the appointment of a guardian. Isolated instances of simple negligence or improvidence, lack of resources, or any act, occurrence, or statement if that act, occurrence, or statement is the product of an informed judgment shall not constitute evidence of inability to provide for personal needs or to manage property. Evidence of mere poor judgment or of a different lifestyle shall not be competent evidence upon which to base a finding of incapacity. Incapacity shall not be based upon the age of the alleged incapacitated person. As used in this chapter, "incompetence" shall mean "incapacitated."

(4) "Informed judgment" means a choice made by a person who made the choice voluntarily, who understood that he or she is free to choose or refuse any alternative available, and who understood the consequences of his or her choice.

(5) "Least-restrictive guardianship order" means that the guardianship imposed on the ward includes only those powers necessary to meet the needs of the incapacitated person that cannot be met by the person because of his or her functional limitations and insures that the ward has the greatest amount of personal freedom and civil liberties consistent with his or her functional limitations.

Sec. 5. Section 11.88.030, chapter 145, Laws of 1965 as last amended by section 3, chapter 309, Laws of 1977 ex. sess. and RCW 11.88.030 are each amended to read as follows:

(1) Any interested person or entity may file a petition for the appointment of himself or some other qualified person, trust company, national bank, or nonprofit corporation authorized in RCW 11.88.020 as now or hereafter amended as the guardian ((~~or limited guardian~~)) of an ((~~incompetent or disabled~~)) incapacitated person. A petition for guardianship ((~~or limited guardianship~~)) shall state:

(a) The name, age, residence, and post office address of the ((~~incompetent or disabled~~)) alleged incapacitated person;

(b) The nature of his or her alleged ((~~incompetency~~)) incapacity in accordance with RCW 11.88.010;

(c) The approximate value and description of his or her property, including any compensation, pension, insurance, or allowance to which he or she may be entitled;

(d) Whether there is, in any state, a guardian or limited guardian for the person or estate of the alleged ((~~incompetent or disabled~~)) 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 or marriage to the alleged ((~~incompetent or disabled~~)) incapacitated person;

(g) The name and address of the person or institution having the care and custody of the alleged ((~~incompetent or disabled~~)) 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)~~)) The nature and degree of the alleged ((~~disability and the specific areas of protection and assistance requested~~)) incapacity and the limitation of rights requested to be included in the court's order of appointment;

((~~(j) The requested term of the limited guardianship to be included in the court's order of appointment.~~)) (i) The alternatives to guardianship that had been attempted prior to filing the petition for the appointment of a guardian and the reasons those alternatives failed; and if no alternatives were attempted, the reasons no such alternatives were attempted;

(j) Whether the alleged incapacitated person has previously executed a durable power of attorney and, if so, who was nominated as attorney-in-fact; and

(k) Whether the alleged incapacitated person had previously executed a directive to a physician pursuant to RCW 70.122.030.

(2) 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 ((~~incompetent or disabled~~)) incapacitated person has total assets of a value of less than three thousand dollars.

An affidavit by the petitioner shall be filed with the petition for appointment of a guardian. The affidavit, which shall be verified by the petitioner, shall contain a statement of facts showing the necessity for the appointment of a guardian, including specific factual allegations as to the alleged incapacitated person's financial transactions, personal actions, or specific past occurrences which are claimed to demonstrate his or her inability to manage an estate or to provide for personal needs for health care, food, clothing, shelter, or safety, of which one occurrence must have occurred within twenty days before filing the petition as provided in section 4(3) of this act. The petitioner also shall include in the affidavit a statement indicating what his or her interest is in the appointment of a guardian and appropriateness of the proposed guardian.

If the requirements of this section are not strictly adhered to by the petitioner, the court shall dismiss the petition and any costs or fees incurred by the alleged incapacitated person shall be assessed against the petitioner.

(3)(a) Notice that a guardianship proceeding has been commenced shall be personally served upon the alleged incapacitated person along with a copy of the petition for appointment of a guardian. Notice that a guardianship proceeding has been commenced and a copy of the petition for appointment of a guardian shall also be sent by registered mail, return receipt requested, to all adult children, siblings, spouse, attorney-in-fact, and parents of an alleged incapacitated person and to person(s) with whom the alleged incapacitated person is involved in a continuous relationship, whether or not the requirements of chapter 26.04 RCW have been complied with, at their current address. If a current address is not known, then the notice and a copy of the petition shall be sent to the last known address. Such notice shall be served not more than fifteen 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 and double-spaced:

IMPORTANT NOTICE

PLEASE READ CAREFULLY

!IXA PETITION TO HAVE A GUARDIAN APPOINTED FOR YOU HAS BEEN FILED IN THE ... COUNTY SUPERIOR COURT BY .......... . IF A GUARDIAN IS APPOINTED, YOU COULD LOSE ONE OR MORE OF THE FOLLOWING RIGHTS:

(1) TO MARRY OR DIVORCE;

(2) TO VOTE OR HOLD AN ELECTED OFFICE;

(3) TO ENTER INTO A CONTRACT OR MAKE OR REVOKE A WILL;

(4) TO APPOINT SOMEONE TO ACT ON YOUR BEHALF;

(5) TO SUE AND BE SUED OTHER THAN THROUGH A GUARDIAN;

(6) TO PERSONALLY APPLY FOR GOVERNMENT BENEFITS LIKE SOCIAL SECURITY;

(7) TO POSSESS A LICENSE TO DRIVE;

(8) TO BUY, SELL, OWN, MORTGAGE, OR LEASE PROPERTY;

(9) TO DECIDE WHERE TO LIVE;

(10) TO CONSENT TO OR REFUSE MEDICAL TREATMENT;

(11) TO TRAVEL;

(12) TO DECIDE WHO SHALL PROVIDE CARE AND ASSISTANCE;

(13) TO MAKE DECISIONS REGARDING SOCIAL ASPECTS OF YOUR LIFE.

!IXUNDER THE LAW, YOU HAVE CERTAIN RIGHTS.

YOU HAVE THE RIGHT TO BE REPRESENTED BY A LAWYER OF YOUR OWN CHOOSING. THE COURT WILL APPOINT A LAWYER TO REPRESENT YOU UNLESS YOU LET THE COURT KNOW THAT YOU HAVE ALREADY CHOSEN A LAWYER TO REPRESENT YOU. YOU CAN LET THE COURT KNOW THIS EITHER BY HAVING YOUR LAWYER TELL THE COURT OR BY WRITING A LETTER TO THE COURT STATING THAT YOU HAVE CHOSEN A LAWYER.

YOU HAVE A RIGHT TO REFUSE TO BE REPRESENTED BY A LAWYER.

YOU HAVE THE RIGHT TO ASK FOR A JURY TO DECIDE WHETHER OR NOT YOU NEED A GUARDIAN TO HELP YOU.

((~~(3)~~)) (5) All petitions filed under the provisions of this section shall be heard within forty-five days unless an extension of time is requested by a party within such forty-five-day period and granted for good cause shown.

Sec. 6. Section 11.88.040, chapter 145, Laws of 1965 as last amended by section 177, chapter 149, Laws of 1984 and RCW 11.88.040 are each amended to read as follows:

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 given personally to the alleged ((~~incompetent or disabled~~)) incapacitated person, if over fourteen years of age.

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 given by registered or certified mail 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) ((~~The alleged incompetent, disabled person, or minor, if under fourteen years of age;~~

~~(2)~~)) A parent, if the alleged ((~~incompetent or disabled~~)) incapacitated person is a minor, and the spouse of the alleged ((~~incompetent or disabled~~)) incapacitated person if any;

((~~(3)~~)) (2) Any other person who has been appointed as guardian ((~~or limited guardian~~)), or the person with whom the alleged ((~~incompetent or disabled~~)) incapacitated person resides. No notice need be given to those persons named in subsections (1) and (2) ((~~and (3)~~)) of this section if they have signed the petition for the appointment of the guardian ((~~or limited guardian~~)) or have waived notice of the hearing. If the petition is by a parent asking for ((~~his~~)) the parent's appointment as guardian ((~~or limited guardian~~)) of a minor child under the age of fourteen years, or if the petition ((be)) is accompanied by the written consent of a minor of the age of fourteen years or ((~~upward~~)) more, consenting to the appointment of the guardian ((~~or limited guardian~~)) asked for, or if the petition ((be)) is by a nonresident guardian of any minor or ((~~incompetent or disabled~~)) 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.

((The alleged incompetent or disabled person shall be present in court at the final hearing on the petition: PROVIDED, That this requirement may be waived at the discretion of the court for good cause 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 incompetent or disabled person and conduct the final hearing in the presence of the alleged incompetent or disabled person.)) (3) An alleged incapacitated person shall be present at all guardianship proceedings relating to the alleged incapacitated person, except that the presence of an alleged incapacitated person may be waived by the court when that person is in a comatose state. 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~~)) at the request of the alleged incapacitated person.

((If presence of the alleged incompetent or disabled 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. 7. Section 7, chapter 95, Laws of 1975 1st ex. sess. as amended by section 5, chapter 309, Laws of 1977 ex. sess. and RCW 11.88.045 are each amended to read as follows:

(1) ((An alleged incompetent or disabled person is entitled to independent legal counsel at his own expense to represent him in the procedure: PROVIDED, That if the alleged incompetent or disabled person is unable to pay for such representation or should such payment result in substantial hardship upon such person the county shall be responsible for such costs: PROVIDED FURTHER, That when, in the opinion of the court, the rights and interests of an alleged or adjudicated incompetent or disabled person cannot otherwise be adequately protected and represented, the court on its own motion shall appoint an attorney at any time to represent such person.

~~(2)~~)) An alleged incapacitated person shall be represented by counsel in a guardianship proceeding and no proceeding may be held without the alleged incapacitated person's counsel being present unless the alleged incapacitated person waives the right to counsel as provided in subsection (4) of this section. The court shall appoint counsel within ten days of the filing of the petition. The court shall honor the alleged incapacitated person's preference for counsel if that preference is made known to the court, either by giving notice through his or her counsel, the guardian ad litem, or by an informal writing addressed to the court.

(2) The court shall appoint counsel to represent the alleged incapacitated person at the county's expense when payment would result in a substantial hardship upon the alleged incapacitated person or if the person is unable to obtain representation by other means.

(3) Counsel for the alleged incapacitated person shall act as an advocate, advising the alleged incapacitated person in a manner most likely to be understood by the person of all options and their consequences, and zealously advocating the course of action selected by the client. The court, in appointing counsel to represent the alleged incapacitated person, shall make every effort to choose an attorney with knowledge and experience in the area of the alleged incapacity.

(4) The alleged incapacitated person may waive the right to be represented by counsel only if the alleged incapacitated person is present at the hearing at which the waiver takes place and the court determines that the waiver is knowingly and voluntarily made.

(5) The alleged ((~~incompetent or disabled~~)) incapacitated person is further entitled upon request to a jury trial on the issues of his alleged ((~~incompetency or disability~~)) incapacity. The standard of proof to be applied in a contested case, whether before a jury or the court, shall be that of clear, cogent, and convincing evidence.

(((3) In all proceedings for appointment of a guardian or limited guardian, the court must be presented with a medical report in writing from a physician selected by the guardian ad litem appointed pursuant to RCW 11.88.090 as now or hereafter amended pertaining to the alleged incompetent or disabled persons' degree of incompetency or disability including the medical history if reasonably available, the effects of any current medication on appearance or the ability to participate fully in the proceedings, and a medical prognosis specifying the estimated length and severity of any current disability.))

NEW SECTION. Sec. 8. A new section is added to chapter 11.88 RCW to read as follows:

(1) A hearing shall be held to determine whether a guardian should be appointed. It is not necessary to schedule these hearings on the trial calendar unless the court deems it necessary. At that hearing, the court shall:

(a) Inquire into the nature and extent of the functional limitations of the alleged incapacitated person; and

(b) Ascertain the person's ability to participate in or perform activities of daily living that secure and maintain food, clothing, shelter, health care, or safety for himself or herself.

(2) If it is determined that the alleged incapacitated person possesses the ability to adequately care for himself or herself or his or her estate, the court shall dismiss the petition. If the court determines that the petition has been frivolously brought, it shall order the petitioner to pay all costs and fees incurred on behalf of the alleged incapacitated person in the matter, including pro bono legal services.

(3) If the court determines that the alleged incapacitated person is incapacitated within the meaning of this chapter, the court may appoint a guardian as requested in the petition after making an initial finding on the record that the person is incapacitated and that the finding is based on clear, cogent, and convincing evidence and shall make specific written findings of fact as follows:

(a) How the person for whom a guardian is to be appointed is incapacitated within the meaning of this chapter;

(b) There are no available alternatives to guardianship which are suitable to meet the incapacitated person's needs based upon his or her functional limitations; and

(c) The guardianship is the least-restrictive form of intervention consistent with the preservation of the civil rights and liberties of the incapacitated person.

(4) The court shall state on the record and include in the written findings of fact and conclusions of law the specific powers over the incapacitated person or his or her estate that have been granted to the guardian by the court. The guardian shall exercise only those powers specifically granted by the court as set forth in the guardianship order.

(5) The court shall determine whether the ward or the county shall pay the attorney and guardian ad litem fees incurred in the matter. The court shall determine, based upon the ward's financial situation, whether the payment of the fees would create a substantial hardship upon the ward. If the payment would create a substantial hardship, the court shall order the county to pay the fees. The attorney and the guardian ad litem for the ward shall submit an affidavit containing an itemized listing of his or her fees to the court who shall also determine the appropriateness of the fees charged when deciding who shall pay the fees. The itemized list of fees shall be presented at the hearing on whether or not a guardian is appointed.

NEW SECTION. Sec. 9. A new section is added to chapter 11.88 RCW to read as follows:

(1) If the court or jury determines that a person is incapacitated in some area and the services of a guardian are necessary, the court shall enter an order that does the following:

(a) Names the guardian and establishes the guardian-ward relationship;

(b) Includes findings of fact that support each grant of authority to the guardian;

(2) The guardianship plan, which shall be developed as provided in section 11 of this act, shall specify the authority the guardian has with regard to:

(a) Medical and personal care for the ward's physical condition and physical and mental examinations necessary to determine the ward's ongoing medical and psychiatric or neurological needs;

(b) Psychiatric or psychological treatment that the guardian considers to be in the ward's best interests;

(i) The wishes of the ward;

(ii) The preferability of allowing the ward to retain local community ties;

(iii) The requirement for services to be provided in the least-restrictive setting;

(d) Educational and vocational services necessary for the physical and mental welfare of the ward and to return the ward to full capacity;

(e) Application for health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward; and

(f) Control of the estate and income of the ward to pay for the cost of services that the guardian is authorized to obtain on behalf of the ward.

(3) The guardianship plan shall not be more restrictive of the liberty of the ward than is reasonably necessary to compensate for the ward's functional limitations. The guardianship plan shall be designed to encourage the ward to participate in all decisions that affect the ward and allow the ward to act on his or her own behalf to the maximum extent possible. The court may not assign a duty or power to a guardian unless the need for it has been proved by clear, cogent, and convincing evidence and no least restrictive alternative or combination of alternatives is sufficient to satisfy the need.

(4) The duration of the term of guardianship shall be determined by court order. The term may be modified or terminated at the annual review hearing or at any other time upon motion of the guardian.

NEW SECTION. Sec. 10. A new section is added to chapter 11.88 RCW to read as follows:

In all cases conducted under this chapter, the court shall take and preserve an accurate stenographic record or tape recording of the proceedings.

Sec. 11. Section 11.88.090, chapter 145, Laws of 1965 as last amended by section 6, chapter 309, Laws of 1977 ex. sess. and RCW 11.88.090 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, as now or hereafter amended, shall affect or impair the power of any court to appoint a guardian to defend the interests of any ((~~incompetent or disabled~~)) incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in his behalf.

(2) (a) The superior court in each county shall develop a registry of persons who wish to serve as guardians ad litem in guardianship matters. The court shall choose as guardians ad litem only those persons whose names appear in the registry. The persons eligible for the registry shall have at least two years' professional experience in one of the following areas:

(i) Gerontology;

(ii) Child development;

(iii) Physical disabilities;

(iv) Developmental disabilities;

(v) Mental health.

(b) The superior court in each county shall also develop a training program designed to familiarize prospective guardians ad litem with the procedures related to guardianship proceedings. To be eligible for the registry, each person must have first completed the training program on guardianship proceedings.

(c) In choosing a guardian ad litem from the registry, the court shall attempt to choose a person who has expertise in the type of the functional limitation alleged in the petition for guardianship.

(3) Upon receipt of a petition for appointment of a guardian ((~~or limited guardian~~)), except as provided herein, the court shall appoint a guardian ad litem to represent the best interests of the alleged ((~~incompetent or disabled~~)) incapacitated person, who shall be a person found or known by the court to:

(a) Be free of influence from anyone interested in the result of the proceeding; and

(b) ((~~have the requisite knowledge, training, or expertise to perform the duties required by this section~~)) Is entered upon the registry as provided in this section.

In making this determination the court shall give due consideration to the type of ((~~incompetency or disability~~)) functional limitation alleged and ((~~to any recommendations made to the court by public or private agencies having appropriate experience or expertise~~)) shall attempt to select as the guardian ad litem a person who has expertise in the area in which the functional limitation is alleged: PROVIDED, That no guardian ad litem need be appointed if a parent is petitioning for a guardian ((~~or a limited guardian~~)) to be appointed for ((~~his or her~~)) the parent's minor child if 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 ((~~(3)~~)) (4) of this section. The appointment of a guardian ad litem shall have no effect on the legal ((~~competency~~)) capacity of the alleged ((~~incompetent or disabled~~)) incapacitated person and such appointment shall not overcome the presumption of ((~~competency~~)) capacity or full legal and civil rights of the alleged ((~~incompetent or disabled~~)) incapacitated person.

((~~(3)~~)) (4) The guardian ad litem appointed pursuant to this section shall have the following duties:

(a) To meet and consult with the alleged ((~~incompetent or disabled~~)) incapacitated person ((~~as soon as practicable~~)) within seven days following appointment and explain, in language which such person can reasonably be expected to understand((,)) the following: 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 ((~~incompetency or disability, 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;~~)) incapacity; the requirement that the person's presence at the court hearing is mandatory; the right to have an attorney of the person's choice represent the person; whether the person believes a guardian is necessary; and if the person believes a guardian is necessary, the items both personal and financial that should be included in the guardianship plan. If the alleged incapacitated person expresses a preference for a particular attorney to the guardian ad litem, the guardian ad litem must immediately communicate that preference immediately to the court. The communication may be an informal writing addressed to the court.

(b) ((~~To provide the court with a written report which shall include the following:~~

~~(i) A description of the degree of incompetency or disability;~~

~~(ii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought;~~

~~(iii) In the event the limited guardianship is ordered, its appropriate duration, and the limits and disabilities to be placed on the disabled person; and~~

~~(iv) Any expression of approval or disapproval made by the alleged incompetent or disabled person concerning the proposed guardian or limited guardian or guardianship or limited guardianship.~~

~~Such report shall also include a recommendation as to whether or not counsel should be appointed to represent the alleged incompetent or disabled person, and the reasons for such recommendation.~~)) The guardian ad litem shall conduct, not later than thirty days before the final guardianship hearing, an evaluation of the alleged incapacitated person. Counsel for the alleged incapacitated person shall be entitled to notification of and presence at the evaluation. In conducting the evaluation, the guardian ad litem shall consult with any professionals so long as the guardian ad litem consults with and obtains a report of the functional limitations of the alleged incapacitated person from the person's regular health care practitioner or counselor licensed or certified under Title 18 RCW.

(c) Not less than fourteen days, excluding Saturdays, Sundays and legal holidays, before the final guardianship hearing, the guardian ad litem shall submit to the court, the alleged incapacitated person, and counsel for the alleged incapacitated person a written report explaining in detail the results of the evaluation, together with a list of recommendations regarding the alleged incapacitated person. The report shall include a statement of the functional limitations and abilities of the alleged incapacitated person, supported by specific behavioral manifestations that form the basis for the determination regarding capacity. The guardian ad litem must file with his or her report an affidavit stating that he or she discussed all of the items listed in this subsection with the alleged incapacitated person. The affidavit also must include the alleged person's approval or disapproval of each item.

If the guardian ad litem determines that the alleged incapacitated person's functional limitations are sufficient to require the appointment of a guardian, the guardian ad litem shall also devise a guardianship plan for the alleged incapacitated person which shall specify the extent to which a guardian is needed based upon the incapacitated person's functional limitations. The guardianship plan shall also include the recommendations and reports, if any, submitted by the professionals listed in subsection (a) of this section with whom the guardian ad litem consulted and shall detail the specific powers which should be granted to the guardian to enable the guardian to assist the alleged incapacitated person. The guardianship plan shall also specify what physical, mental, and emotional support is required to best assist the alleged incapacitated person in that person's everyday life. A goal of the guardianship plan shall be to limit as much as possible the amount of intervention by the guardian in the alleged incapacitated person's life. The guardian ad litem should also address, in devising the guardianship plan, the alleged incapacitated person's future needs, if at all possible, and where and with whom the person would prefer to reside, if any preference can be determined.

(d) If the guardian ad litem determines that the alleged incapacitated person has functional limitations in any area other than the areas specified in the petition, the court shall instruct the petitioner to amend the petition accordingly. If the petition is not so amended, the court shall dismiss the guardianship action and assess any fees or costs incurred by the alleged incapacitated person in this matter against the petitioner.

(e) If the guardian ad litem determines that the alleged incapacitated person is not incapacitated in any area, the court shall dismiss the guardianship action without delay.

(f) The guardian ad litem shall attend all guardianship proceedings under this chapter.

The ((~~investigation and~~)) report of the guardian ad litem shall be made and forwarded to the court, with copies to the alleged ((~~incompetent or disabled~~)) incapacitated person, ((~~and his~~)) the person's attorney, ((~~if any has appeared, and to~~)) the petitioner, or ((~~his~~)) the petitioner's attorney within ((~~twenty~~)) thirty days after appointment, unless an extension of time has been granted by the court for good cause shown((;

~~(c) To arrange for a written medical report pursuant to RCW 11.88.045 as now or hereafter amended~~)).

((~~(4)~~)) (5) If the guardian ad litem fails to file his or her report within the time limits provided, the court shall order that the guardian ad litem waives his or her fee for services rendered and may remove the guardian ad litem from the registry.

(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 and any other qualified person or organization to investigate the availability of a possible guardian ((~~or limited guardian~~)) and to include the findings in a report to the court pursuant to RCW 11.88.090(3)(b) as now or hereafter amended.

((~~(5)~~)) (7) The court-appointed guardian ad litem shall have the authority, in the event that the alleged ((~~incompetent or disabled~~)) incapacitated person is in need of emergency life-saving medical services and is unable to consent to such medical services due to ((~~incompetence or disability~~)) alleged incapacity as provided in section 4(3) of this act pending the hearing on the petition to give consent for such emergency life-saving medical services on behalf of the alleged ((~~incompetent or disabled~~)) incapacitated person. In determining whether consent for such medical services will be given, the guardian ad litem shall give full consideration to the alleged incapacitated person's values and preferences to the degree that they are known to the guardian ad litem or can be determined.

The guardian ad litem shall also have the authority to prepare or submit an application for any medical benefits provided under chapter 74.09 RCW.

((~~(6)~~)) (8) The guardian ad litem shall receive a fee determined by the court. The requested fee must be submitted to the court in the form of an affidavit containing an itemized listing of all services rendered in the matter. If the guardian ad litem is a salaried employee of a public or nonprofit agency, then the fee shall be submitted to the agency for whom the guardian ad litem works. The fee shall be charged to the alleged ((~~incompetent or disabled~~)) 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 if no guardian ((~~or limited guardian~~)) is appointed ((~~the court may charge such fee to the petitioner or the alleged incompetent or disabled person, or divide the fee, as it deems just; and if the petition is found~~)) and the court has found the petition to be frivolous as provided in section 8 of this act 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 or nonprofit agency.~~))

(9) No person shall be appointed guardian for the alleged incapacitated person who has also served as guardian ad litem in the matter.

(10) The court must approve the petitioner's attorneys' fees. The petitioner's attorney must submit an affidavit requesting those fees in which they shall include an itemized listing of all services rendered in the matter. The fees shall be charged to the alleged incapacitated person unless the court finds that such fee would result in a substantial hardship upon such person, in which case the county shall be responsible for such costs.

Sec. 12. Section 11.88.100, chapter 145, Laws of 1965 as last amended by section 1, chapter 271, Laws of 1983 and RCW 11.88.100 are each amended to read as follows:

(1) The clerk of the superior court shall issue letters of guardianship which shall state with particularity what powers the court granted to the guardian as contained in the order appointing a guardian.

Before letters of guardianship are issued, each guardian ((~~or limited guardian~~)) shall take and subscribe an oath and, unless dispensed with by order of the court as provided in RCW 11.88.105, file a bond, with sureties to be approved by the court, payable to the state, in such sum as the court may fix, taking into account the character of the assets on hand or anticipated and the income to be received and disbursements to be made, and such bond shall be conditioned substantially as follows:

The condition of this obligation is such, that if the above bound A.B., who has been appointed guardian ((~~or limited guardian~~)) for C.D., shall faithfully discharge the office and trust of such guardian ((~~or limited guardian~~)) according to law and shall render a fair and just account of his or her guardianship ((~~or limited guardianship~~)) to the superior court of the county of .......... , from time to time as he shall thereto be required by such court, and comply with all orders of the court, lawfully made, relative to the goods, chattels, moneys, care, management, and education of such ((~~incompetent or disabled~~)) incapacitated person, or his or her property, and render and pay to such ((~~incompetent or disabled~~)) incapacitated person all moneys, goods, chattels, title papers, and effects which may come into the hands or possession of such guardian ((~~or limited guardian~~)), at such time and in such manner as the court may order or adjudge, then this obligation shall be void, otherwise to be and remain in full force and effect.

The bond shall be for the use of the ((~~incompetent or disabled~~)) incapacitated person, and shall not become void upon the first recovery, but may be put in suit from time to time against all or any one of the obligors, in the name and for the use and benefit of any person entitled by the breach thereof, until the whole penalty is recovered thereon. The court may require an additional bond whenever for any reason it appears to the court that an additional bond should be given.

In all guardianships ((~~or limited guardianships of the person, and in all guardianship or limited guardianships of the estate,~~)) in which the petition alleges that the alleged ((~~incompetent or disabled~~)) incapacitated person has total assets of a value of less than three thousand dollars, the court may dispense with the requirement of a bond pending filing of an inventory confirming that the estate has total assets of less than three thousand dollars: PROVIDED, That the guardian ((~~or limited guardian~~)) shall swear to report to the court any changes in the total assets of the ((~~incompetent or disabled~~)) incapacitated person increasing their value to over three thousand dollars: PROVIDED FURTHER, That said guardian ((~~or limited guardian~~)) shall file a yearly statement showing the monthly income of the ((~~incompetent or disabled~~)) incapacitated person if said monthly income, excluding moneys from state or federal benefits, is over the sum of four hundred dollars per month for any three consecutive months.

Sec. 13. Section 11.88.105, chapter 145, Laws of 1965 as amended by section 11, chapter 95, Laws of 1975 1st ex. sess. and RCW 11.88.105 are each amended to read as follows:

In cases where all or a portion of the estate consisting of cash or securities or both, has been placed in possession of savings and loan associations or banks, trust companies, escrow corporations, or other corporations approved by the court and a receipt is filed by the guardian ((~~or limited guardian~~)) in court therefor stating that such corporations hold the same subject to order of court then in such case the court may in its discretion dispense with the giving of a bond or reduce the same by the amount of such deposits of cash or securities, and may order that no further reports by said guardian ((~~or limited guardian~~)) be required until such time as the guardian ((~~or limited guardian~~)) desires to withdraw such funds or change the investment thereof.

Sec. 14. Section 11.88.107, chapter 145, Laws of 1965 as last amended by section 8, chapter 309, Laws of 1977 ex. sess. and RCW 11.88.107 are each amended to read as follows:

In all cases where a bank or trust company, authorized to act as guardian or limited guardian, or where a nonprofit corporation is authorized under its articles of incorporation to act as guardian ((~~or limited guardian,~~)) is appointed as guardian or limited guardian, or acts as guardian ((~~or limited guardian~~)) under an appointment as such heretofore made, no bond shall be required: PROVIDED, That in the case of appointment of a nonprofit corporation the court ((~~approval shall be required before~~)) may waive any bond requirement of this chapter ((~~may be dispensed with~~)) if a sufficient showing that the nonprofit corporation has a sufficient method by which to compensate the alleged incapacitated person for the corporation's negligent or intentional acts.

NEW SECTION. Sec. 15. A new section is added to chapter 11.88 RCW to read as follows:

At the hearing at which a guardian is appointed, the court shall set a date for a review hearing in the matter not to be later than one year from the date of the hearing at which the guardian is appointed. This date shall be reflected in the order appointing a guardian.

Sec. 16. Section 6, chapter 95, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 32, Laws of 1979 and RCW 11.88.125 are each amended to read as follows:

(1) The person appointed by the court as ((~~either~~)) guardian ((~~or limited guardian of the person and/or estate~~)) of an ((~~incompetent or disabled~~)) incapacitated person((,)) shall file in writing with the court, a designated standby ((~~limited guardian or~~)) guardian to serve as ((~~limited guardian or~~)) guardian at the death or legal ((~~incompetency or disability~~)) incapacity of the court-appointed guardian ((~~or limited guardian~~)). Such 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, within a period of thirty days from the death or adjudication of ((~~incompetency or disability~~)) incapacity of the regularly appointed guardian ((~~or limited guardian~~)), 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)) a financial accounting and report on the incapacitated person's progress 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) 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 letters shall mirror the guardianship order under which the previous guardian operated. The oath may be filed prior to the appointed ((~~guardian or limited~~)) guardian's death. 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) In addition to the powers of a standby ((~~limited guardian or~~)) guardian as noted in subsection (1) 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.

(4) This section shall take effect on July 1, 1989. Limited guardians who were appointed prior to July 1, 1989, shall follow the requirements of this section.

NEW SECTION. Sec. 17. A new section is added to chapter 11.88 RCW to read as follows:

Anyone interested in the welfare of the ward may petition the court to have anyone suspected of having concealed, embezzled, or conveyed away any of the moneys, goods, or effects belonging to the ward or the ward's estate account for such matters and for such property. Upon receiving such petition, the court shall determine whether or not it has merit. If the court determines that the petition has merit it shall schedule a hearing on the matter. The ward, the ward's guardian, the person named in the petition, and any other person the court deems appropriate shall receive ten days' notice of the hearing on the petition. The court may appoint a guardian ad litem on behalf of the ward if the court deems it necessary. The court may also appoint an attorney to represent the ward if the court deems it necessary.

Sec. 18. Section 11.88.140, chapter 145, Laws of 1965 as last amended by section 11, chapter 309, Laws of 1977 ex. sess. and RCW 11.88.140 are each amended to read as follows:

(1) TERMINATION WITHOUT COURT ORDER. A guardianship or limited guardianship is terminated:

(a) Upon the attainment of full and legal age, as defined in RCW 11.92.010 as now or hereafter amended, of any person defined as an ((~~incompetent or disabled~~)) incapacitated person pursuant to RCW 11.88.010 as now or hereafter amended solely by reason of youth, RCW 26.28.020 to the contrary notwithstanding;

(b) By an adjudication of ((~~competency or an adjudication of termination of disability~~)) capacity;

(d) By expiration of the term of limited guardianship or guardianship specified in the order appointing the limited guardian or guardian, unless prior to such expiration a petition has been filed and served, as provided in RCW 11.88.040 as now or hereafter amended, seeking an extension of such term.

(2) TERMINATION ON COURT ORDER. (a) At every annual review date, the objective shall be to determine whether the guardianship order as previously entered or modified should be continued, modified, or terminated. To make this determination, the court shall inquire into the ward's mental, physical, and emotional progress to determine the extent of the ward's functional limitations, if any. The goal shall be to terminate the guardianship or reduce the powers conferred upon the guardian, if possible.

(b) A guardianship or limited guardianship also may be terminated by court order after such notice as the court may require:

((~~(a)~~)) (i) If the guardianship or limited guardianship is of the estate and the estate is exhausted;

((~~(b)~~)) (ii) If the guardianship or limited guardianship is no longer necessary for any other reason.

(3) This section shall take effect on July 1, 1989. Limited guardians who were appointed prior to July 1, 1989, shall follow the requirements of this section.

(4) EFFECT OF TERMINATION. When a guardianship or limited guardianship terminates otherwise than by the death of the ((~~incompetent or disabled~~)) incapacitated person, the powers of the guardian or limited guardian cease, except that a guardian or limited guardian of the estate may make disbursements for claims that are or may be allowed by the court, for liabilities already properly incurred for the estate or for the ((~~incompetent or disabled~~)) incapacitated person, and for expenses of administration. When a guardianship or limited guardianship terminates by death of the ((~~incompetent or disabled~~)) incapacitated person, the guardian or limited guardian of the estate may proceed under RCW 11.88.150 as now or hereafter amended, but the rights of all creditors against the ((~~incompetent's or disabled~~)) incapacitated person's estate shall be determined by the law of decedents' estates.

NEW SECTION. Sec. 19. A new section is added to chapter 11.88 RCW to read as follows:

(1) On petition of the ward, the guardian or any person interested in the ward's welfare, the court may (a) review and amend a decision of a guardian; or (b) if alternatives which are less-restrictive than guardianship or less-restrictive than the existing guardianship plan would assist the ward in meeting essential requirements for physical health and safety, modify provisions of its order to (i) amend the guardianship plan or the responsibilities of the guardian; (ii) remove a guardian and appoint a successor; or (iii) terminate the guardianship. On petition of the guardian, the court may accept a resignation and make any other order which may be appropriate.

(2) The ward, the guardian, or any person interested in the ward's welfare may petition for an order that the ward is no longer incapacitated or no longer incapacitated to the same extent as the ward was when the original guardianship order was made or when the court last amended the guardianship order, and for removal or resignation of the guardian, termination of the guardianship, or a change in the responsibilities of the guardian. A request for this order may be made by informal letter to the court or judge and any person who knowingly interferes with transmission of this kind of request to the court or judge may be held in contempt of court.

(3) Before removing a guardian, changing the guardian's responsibilities, accepting the resignation of a guardian, or ordering that a ward's guardianship be changed or terminated, the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian and applying the least-restrictive alternative necessary to meet the needs of the ward after consideration of alternatives to guardianship services, may send a guardian ad litem, chosen from the registry, to the residence of the present guardian and to the place where the ward resides or is detained, to observe conditions and report in writing to the court.

(4) If at any time the ward requests or indicates to the guardian or to the agency responsible for the ward's care or its employee that the ward desires a change in guardianship, the guardian or the agency providing care shall inform the court of the request or indication.

(5) If the guardian dies, or if the basis of a petition filed under this section or a report or other information, there is probable cause to believe a guardian is not performing the guardian's responsibilities effectively and there is an imminent danger that the physical health or safety of the ward will be seriously impaired, the court shall take whatever action is necessary to protect the ward, including the dismissal of the guardian and appointment of a temporary guardian without a hearing.

(6) At the annual review hearings the court may appoint counsel to represent the ward if the court deems it necessary. If the hearing is upon the petition of the ward, guardian, or another alleging wrongdoing against the person or estate of the ward, then the court shall appoint counsel to represent the ward.

NEW SECTION. Sec. 20. A new section is added to chapter 11.88 RCW to read as follows:

(1) A copy of the order appointing the guardian shall be mailed to the ward and the ward's counsel, return receipt requested. The order shall contain the name and address of the guardian. The order shall also contain a notice of the ward's right to appeal the guardianship appointment and of his or her right to seek modification or termination of the guardianship at any time.

(2) The order appointing a guardian also shall contain the following:

(a) The name, address, and telephone number of the guardian;

(b) The name, address, and telephone number of the ward;

(d) The specific legal limitations imposed by the court on the powers of the guardian; and

(e) The guardianship plan as approved by the court.

Sec. 21. Section 9, chapter 30, Laws of 1985 and RCW 11.92.040 are each amended to read as follows:

It shall be the duty of the guardian or limited guardian:

(1) To make out and file within three months after his or her appointment a verified inventory of all the property of the ((~~incompetent or disabled~~)) incapacitated person which comes to his or her possession or knowledge, including a statement of all encumbrances, liens, and other secured charges on any item;

(2) To file annually, within thirty days ((~~after the anniversary date of the guardian's or limited guardian's appointment,~~)) before the review date set in the order appointing a guardian or in any order upon review and also within thirty days after termination of the appointment, a written verified financial account of the administration((: PROVIDED, That the court in its discretion may allow reports at intervals of up to thirty-six months, with instruction to the guardian or limited guardian that any substantial increase in income or assets or substantial change in the incompetent's or disabled person's condition shall be reported within thirty days of the substantial increase or change));

(3) To file annually along with the written verified financial account a report which fully addresses the ward's mental, emotional, and physical needs as well as the ward's progress during the last year. The guardian shall recommend to the court whether the order appointing the guardian should be continued, modified, or terminated, stating the reasons for the recommendation;

(4) The reports that the guardian is required to file annually shall be in the following form and the guardian shall substantially comply with the information required to be included:

IN THE SUPERIOR COURT

..... COUNTY, STATE OF WASHINGTON

!tp1,1 @p4 !tlü

!sc ,4In the Matter of ..... ,!tlï

!tlï

!tlý!sc ,5NO.

!tlï

!sc ,8An Incapacitated Person.!tl_

@p0 !ixPursuant to RCW !sc.,9, the undersigned, duly appointed, qualified, and acting guardian of the above-named incapacitated person reports to the court as follows:

@i91. My name is: !w_.

@i92. My residence address and telephone number are:

!w_

Phone: !w_

@i93. The name, if applicable, and address of the place where the ward currently resides: !w_

!w_

@i94. A description of the ward's place of residence and of the programs, activities, or services in which the ward is involved:

!w_

@i95. The name of the person primarily responsible for the care of the ward at the ward's residence; if the ward resides in a facility, then the name of the operator or administrator:

!w_

@i96. The name and address of any hospital or other institution where the ward is now admitted on a temporary basis; and, whether the ward was admitted to an institution during the last year and why that admission was necessary:

!w_

@i97. A brief description of the ward's current physical condition and any changes that have occurred within the last year:

!w_

@i98. A brief description of the ward's current mental condition and any changes that have occurred within the last year:

!w_

@i99. A brief description and number of the contacts made with the ward during the past year:

!w_

@i910. A brief description of major decisions made on the ward's behalf during the past year and the outcome of those decisions:

!w_

@i911. The reasons, if any, why the guardianship should continue:

!w_

@i912. Whether the guardianship should be terminated, further limited, or expanded and why:

!w_

@i913. The dollar amount and source of income that the ward receives, and expenditures made for the ward:

!tp1,1,1,2 Source!sc ,1of!tlDollar!tlPayee!tlExpenditures!sc ,1Made

Income!tlAmount!tj1!tland!sc ,1To!sc ,1Whom

!sc_,9!tl!sc_,6!tl!sc_,5!tl!sc_,17

@i914. A list of the money and other property which the ward now owns,including any items of money or which the guardian holds for the ward, and the estimated dollar value of each of the items:

!tp1,1,1 Money/!tlDollar!sc ,1Value/!tlTransactions

Property!tlLocation!tlMade

!sc_,8!tl!sc_,13!tl!sc_,12

@i915. Any monetary or property transfers or other transfers of items of value from the ward's estate to the guardian for fees, expenses or costs incurred by the guardian on behalf of the ward:

!w_

@i916. A brief description of the guardianship plan ordered by the court, how it has worked during the past year, and whether any modifications to it are necessary for the future:

!w_

!tl!w.

!tp1,1 !tlGUARDIAN

Subscribed and sworn to before me this ..... day of ... , 19....

!tl!w.

!tlNOTARY!sc ,1PUBLIC!sc ,1for!sc ,1the!sc ,1State!sc ,1of

!tl!sc ,1Washington.

!tlMy Commission expires:

(5) Consistent with the powers granted by the court, if he or she is a guardian or limited guardian of the person, to care for and maintain the ((~~incompetent or disabled~~)) incapacitated person, assert his or her rights and best interests, and provide timely, informed consent to necessary medical procedures((,)) with full consideration of the alleged incapacitated person's values and preferences to the degree that they are known to the guardian or may be determined and if the ((~~incompetent or disabled~~)) incapacitated person is a minor, to see that the ((~~incompetent or disabled~~)) incapacitated person is properly trained and educated and that the ((~~incompetent or disabled~~)) incapacitated person has the opportunity to learn a trade, occupation, or profession. As provided in RCW 11.88.125 as now or hereafter amended, the standby guardian may provide timely, informed consent to necessary medical procedures with full consideration of the alleged incapacitated person's values and preferences to the degree that they are known to the guardian or may be determined if the guardian or limited guardian cannot be located within four hours after the need for such consent arises. ((The guardian or limited guardian of the person may be required to report the condition of his or her incompetent or disabled person to the court, at regular intervals or otherwise as the court may direct: PROVIDED, That)) No guardian, limited guardian, or standby guardian may involuntarily commit for mental health treatment, observation, or evaluation an alleged ((~~incompetent or disabled~~)) incapacitated person who is, himself or herself, unable or unwilling to give informed consent to such commitment unless the procedures for involuntary commitment set forth in chapters 71.05 or 72.23 RCW are followed: PROVIDED FURTHER, That nothing in this section shall be construed to allow a guardian, limited guardian, or standby guardian to consent to:

(a) Therapy or other procedure which induces convulsion;

(b) Surgery solely for the purpose of psychosurgery;

(d) Other psychiatric or mental health procedures which are intrusive on the person's body integrity, physical freedom of movement, or the rights set forth in RCW 71.05.370.

A guardian, limited guardian, or standby guardian who believes such procedures to be necessary for the proper care and maintenance of the ((~~incompetent or disabled~~)) incapacitated person shall petition the court for an order unless the court has previously approved that procedure within thirty days immediately past. The court may make such order only after an attorney is appointed in accordance with RCW 11.88.045, as now or hereafter amended, if none has heretofor appeared, notice is given, and a hearing is held in accordance with RCW 11.88.040, as now or hereafter amended;

((~~(4)~~)) (6) Consistent with the powers granted by the court, if he or she is a guardian or limited guardian of the estate, to protect and preserve it, to apply it as provided in this chapter, to account for it faithfully, to perform all of the duties required by law, and at the termination of the guardianship or limited guardianship, to deliver the assets of the ((~~incompetent or disabled~~)) incapacitated person to the persons entitled thereto. Except as provided to the contrary herein or in the order appointing a guardian, the court may authorize a guardian or limited guardian to do anything that a trustee can do under the provisions of RCW 11.98.070 for a period not exceeding one year from the date of the order ((or for a period corresponding to the interval in which the guardian's or limited guardian's report is required to be filed by the court pursuant to subsection (2) of this section, whichever period is longer));

((~~(5)~~)) (7) Consistent with the powers granted by the court, to invest and reinvest the property of the ((~~incompetent or disabled~~)) incapacitated person in accordance with the rules applicable to investment of trust estates by trustees as provided in chapter 11.100 RCW, except that:

(a) No investments shall be made without prior order of the court in any property other than unconditional interest bearing obligations of this state or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States, and in share accounts or deposits which are insured by an agency of the United States government. Such prior order of the court may authorize specific investments, or, in the discretion of the court, may authorize the guardian or limited guardian during a period not exceeding one year following the date of the order ((or for a period corresponding to the interval in which the guardian's or limited guardian's report is required to be filed by the court pursuant to subsection (2) of this section, whichever period is longer,)) to invest and reinvest as provided in chapter 11.100 RCW without further order of the court;

(b) If it is for the best interests of the ((~~incompetent or disabled~~)) incapacitated person that a specific property be used by the ((~~incompetent or disabled~~)) incapacitated person rather than sold and the proceeds invested, the court may so order;

((~~(6)~~)) (8) To apply to the court for an order authorizing any disbursement on behalf of the ((~~incompetent or disabled~~)) incapacitated person: PROVIDED, HOWEVER, That the guardian or limited guardian of the estate, or the person, department, bureau, agency, or charitable organization having the care and custody of an ((~~incompetent or disabled~~)) incapacitated person, may apply to the court for an order directing the guardian or limited guardian of the estate to pay to the person, department, bureau, agency, or charitable organization having the care and custody of an ((~~incompetent or disabled~~)) incapacitated person, or if the guardian or limited guardian of the estate has the care and custody of the ((~~incompetent or disabled~~)) incapacitated person, directing the guardian or limited guardian of the estate to apply an amount weekly, monthly, quarterly, semi-annually, or annually, as the court may direct, to be expended in the care, maintenance, and education of the ((~~incompetent or disabled~~)) incapacitated person and of his or her dependents. In proper cases, the court may order payment of amounts directly to the ((~~incompetent or disabled~~)) incapacitated person for his or her maintenance or incidental expenses. The amounts authorized under this section may be decreased or increased from time to time by direction of the court. If payments are made to another under an order of the court, the guardian or limited guardian of the estate is not bound to see to the application thereof.

NEW SECTION. Sec. 22. A new section is added to chapter 11.88 RCW to read as follows:

(1) The superior court clerk in each county shall monitor guardianship cases filed in their county. The clerk shall determine whether the annual financial and progress reports have been filed in a timely manner by the guardian and shall notify the guardian if the report is overdue.

(2) The clerk shall also keep the court apprised of any annual financial and progress reports that are more than thirty days overdue. If any annual financial and progress report is sixty days or more overdue, the court shall issue an order directing the guardian to file the report within fourteen days of the date the order was entered. The order issued by the court shall bear the following legend:

IF YOU DISOBEY THIS ORDER, YOU COULD BE HELD IN CONTEMPT OF COURT AND PUNISHED ACCORDINGLY.