BILL REQ. #:  S-4406.1 

Read first time 01/21/08.   Referred to Committee on Judiciary.

     AN ACT Relating to guardian appointments; and adding a new section to chapter 11.88 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 11.88 RCW to read as follows:
     (1) Subject to subsection (3) of this section, the court in appointing a guardian shall consider persons otherwise qualified in the following order of priority:
     (a) A guardian, other than a temporary or emergency guardian, currently acting for the alleged incapacitated person in this state or elsewhere;
     (b) A person nominated as guardian by the alleged incapacitated person, including that person's most recent nomination made in a durable power of attorney, if at the time of the nomination the alleged incapacitated person had sufficient capacity to express a preference;
     (c) An agent appointed by the alleged incapacitated person under a durable power of attorney for health care;
     (d) The spouse or state registered domestic partner of the alleged incapacitated person;
     (e) An adult child of the alleged incapacitated person;
     (f) A parent of the alleged incapacitated person;
     (g) Adult brothers and sisters of the alleged incapacitated person; and
     (h) An adult with whom the alleged incapacitated person has resided for more than six months before the filing of the petition.
     (2) With respect to persons having equal priority, the court shall select the one it considers best qualified. The court, acting in the best interest of the alleged incapacitated person, may decline to appoint a person having priority and appoint a person having a lower priority or no priority. The court's decision under this section shall be supported by specific findings, which demonstrate good cause for the decision.
     (3) An owner, operator, or employee of a long-term-care institution at which the alleged incapacitated person is receiving care may not be appointed as guardian unless related to the alleged incapacitated person by blood, marriage, or adoption.