BILL REQ. #:  S-4071.1 

Read first time 01/30/14.   Referred to Committee on Law & Justice.

     AN ACT Relating to guardianship restrictions and disclosures; adding a new section to chapter 11.84 RCW; adding a new section to chapter 11.88 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 11.84 RCW to read as follows:
     (1) No person appointed for any type of guardianship under chapter 11.88 RCW may inherit or acquire any property interest or receive any benefit from any decedent ward of the guardian, if the guardian has either been convicted of theft or found to have committed financial exploitation as defined in RCW 74.34.020.
     (2)(a) A court may allow a person to acquire or receive an interest in any property or any other benefit, notwithstanding subsection (1) of this section, if a court determines by clear, cogent, and convincing evidence that the decedent ward:
     (i) Knew of the theft conviction or financial exploitation; and
     (ii) Subsequently ratified in writing his or her intent to transfer the property interest or benefit to that person.
     (b) In determining whether to allow a person to acquire or receive an interest in any property or any other benefit under (a) of this subsection, a court may consider, among other things:
     (i) The various elements of the decedent's dispositive scheme;
     (ii) The decedent's likely intent given the totality of the circumstances; and
     (iii) The degree of harm resulting from the guardian's theft or financial exploitation.

NEW SECTION.  Sec. 2   A new section is added to chapter 11.88 RCW to read as follows:
     Prior to appointment to any guardianship under this chapter a person must disclose to the court any prior finding of financial exploitation, conviction, or arrest. Appointed guardians have an ongoing duty to immediately disclose any new finding of financial exploitation, conviction, or arrest to the court. Upon disclosure the court should appoint a guardian ad litem to aid the court in determining whether removal of the guardian is in the best interest of the ward. Any person who fails to make the disclosures required under this section is subject to removal as a guardian and contempt of court.