AN
ACT Relating to court appointed guardians; amending RCW 11.88.020; adding a new
section to chapter 11.88 RCW; creating a new section; and providing an
effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
11.88.020 and 1990 c 122 s 3 are each amended to read as follows:
(1)
Any suitable person over the age of eighteen years, or any parent under the age
of eighteen years or, if the petition is for appointment of a professional
guardian, any individual or guardianship service that meets any certification
requirements established by the administrator for the courts, may, if not
otherwise disqualified, be appointed guardian or limited guardian of the person
and/or the estate of an incapacitated person((; any trust company regularly
organized under the laws of this state and national banks when authorized so to
do may act as guardian or limited guardian of the estate of an incapacitated
person; and any nonprofit corporation may act as guardian or limited guardian
of the person and/or estate of an incapacitated person if the articles of
incorporation or bylaws of such corporation permit such action and such
corporation is in compliance with all applicable provisions of Title 24 RCW)).
A financial institution subject to the jurisdiction of the department of
financial institutions and authorized to exercise trust powers, and a federally
chartered financial institution when authorized to do so, may act as a guardian
of the estate of an incapacitated person without having to meet the
certification requirements established by the administrator for the courts.
No person is qualified to serve as a guardian who is
(((1)))
(a) under eighteen years of age except as otherwise provided herein;
(((2)))
(b) of unsound mind;
(((3)))
(c) convicted of a felony or of a misdemeanor involving moral turpitude;
(((4)))
(d) a nonresident of this state who has not appointed a resident agent
to accept service of process in all actions or proceedings with respect to the
estate and caused such appointment to be filed with the court;
(((5)))
(e) a corporation not authorized to act as a fiduciary, guardian, or
limited guardian in the state;
(((6)))
(f) a person whom the court finds unsuitable.
(2)
The professional guardian certification requirements required under this
section shall not apply to a testamentary guardian appointed under RCW
11.88.080.
NEW
SECTION. Sec. 2. A
new section is added to chapter 11.88 RCW to read as follows:
As
used in this chapter, "professional guardian" means a guardian
appointed under this chapter who is not a member of the incapacitated person's
family and who charges fees for carrying out the duties of court‑appointed
guardian of three or more incapacitated persons.
NEW
SECTION. Sec. 3. (1)
The administrator for the courts shall study, and make recommendations on,
standards and criteria for implementing a system of certification of
professional guardians as defined in section 2 of this act and improved
coordination between guardians and guardians ad litem.
(2)
In conducting the study and preparing the recommendations, the administrator
may include examination of:
(a)
Criteria for certification as a professional guardian;
(b)
A fee structure that will make the certification process self-supporting;
(c)
Whether persons other than an alleged incapacitated person should be given
standing to request a jury trial to determine incapacity;
(d)
Whether, following the appointment of a guardian, a guardian ad litem may
continue to serve at public expense;
(e)
Whether the superior court should have authority to limit fees for attorneys,
guardians, and guardians ad litem;
(f)
The appropriate entity to certify professional guardians; and
(g)
Grounds for discipline of professional guardians.
(3)
In conducting the study, the administrator shall consult with the appropriate
groups and interested parties including, but not limited to, representatives of
senior citizens, members of both chambers of the legislature, the bar
association, superior court judges, associations affiliated with persons with
developmental and chronic functional disabilities, health care organizations,
persons who act as guardians for compensation and on a voluntary basis, and
guardians ad litem.
(4)
The administrator shall submit the results of the study and recommendations to
the governor and legislature not later than January 1, 1998.
NEW
SECTION. Sec. 4.
Sections 1 and 2 of this act take effect January 1, 1999.
