BP BHEAD INT H

AN ACT Relating to the veteran estate management program; amending RCW 73.04.130 and 73.36.040; and adding new sections to chapter 73.04 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 73.04 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.

(1) "Director" means the director of the department of veterans affairs or the director's designee.

(2) "Veteran estate management program" means the program under which the director serves as administrator, guardian of the estate or federal fiduciary of an incapacitated veteran's estate or incapacitated veteran's dependent's estate, or the executor of a deceased veteran's estate.

Sec. 2. RCW 73.04.130 and 1979 c 64 s 1 are each amended to read as follows:

The director ((~~of the department of veterans affairs or his designee~~)) is authorized to ((act as executor under the last will, or as administrator of the estate of any deceased veteran, or as the guardian or duly appointed federal fiduciary of the estate of any insane or incompetent veteran, or as guardian or duly appointed federal fiduciary of the estate of any person)) implement a veteran estate management program and manage the estate of any incapacitated veteran or incapacitated veteran's dependent who:

(1) Is a bona fide resident of the state of Washington ((~~and who is certified by the veterans' administration as having money due from the veterans' administration,~~));

(2) The United States department of veterans affairs or the social security administration has determined that the payment of ((~~which~~)) benefits or entitlements is dependent upon the appointment of a ((guardian or other type fiduciary. No fee shall be allowed or paid to the director or his designee for acting as executor, administrator, guardian or fiduciary, or to any attorney for the director or his designee)) federal fiduciary or representative payee;

(3) Requires the services of a court-appointed guardian or other type of fiduciary and a responsible family member is not available to serve as guardian; or

(4) Is deceased and has not designated an executor to dispose of the estate.

The director ((~~or his designee,~~)) or any other interested person may petition the appropriate court or authority for the appointment ((~~of the director or his designee. Any such petition by the director or his designee shall be without cost and without fee~~)) as guardian or other type of fiduciary for an incapacitated veteran. If appointed, the director ((~~or his designee~~)) may serve without bond. This section shall not affect the prior right to act as administrator of a ((~~veterans'~~)) veteran's estate of such persons as are denominated in RCW 11.28.120 (1) and (2), nor shall this section affect the appointment of executor made in the last will of any veteran((~~, nor shall this section apply to estates larger than fifteen thousand dollars~~)).

NEW SECTION. Sec. 3. A new section is added to chapter 73.04 RCW to read as follows:

(1) The director may place a claim against the estate of an incapacitated or deceased veteran who is a veteran estate management program client. The claim shall not exceed five percent of the monthly income to the estate and charges for reasonable expenses incurred in the execution or administration of the estate including, but not limited to, filing fees, home visitations, and legal counsel for the performance of any service under the program.

(2) The director may contract with private legal counsel to provide legal services for veteran estate management program clients.

(3) Any fees collected shall be deposited in the veteran estate management program fund, under section 5 of this act, and shall be available for the cost of managing and supporting the veteran estate management program.

Sec. 4. RCW 73.36.040 and 1951 c 53 s 4 are each amended to read as follows:

No person other than a bank ((or)), a trust company, or the department of veterans affairs shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the veterans administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five wards as herein provided and requesting his or her discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him or her from guardianships in excess of five and forthwith appoint a successor.

NEW SECTION. Sec. 5. A new section is added to chapter 73.04 RCW to read as follows:

The veteran estate management program account is created in the custody of the state treasurer. All receipts from fees collected under section 3 of this act shall be deposited into the account. Expenditures from the account may be used only for managing and supporting the veteran estate management program. Only the director of veterans affairs or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.