Guardianship, etc.

AN ACT Relating to guardianship, conservatorship, and other 1
protective arrangements; and amending RCW 11.130.090, 11.130.170, 2
11.130.195, 11.130.200, 11.130.205, 11.130.210, 11.130.215, 3
11.130.220, 11.130.225, 11.130.240, 11.130.275, 11.130.280, 4
11.130.285, 11.130.300, 11.130.310, 11.130.380, 11.130.385, 5
11.130.400, 11.130.410, 11.130.420, 11.130.425, 11.130.605, 6
11.130.610, 11.130.620, 11.130.630, 11.130.730, and 11.130.750.7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
Sec. 1. RCW 11.130.090 and 2024 c 267 s 1 are each amended to 9
read as follows: 10
(1) Any suitable adult person ((over the age of 21 years )), or 11
any parent under the age of 21 years or, if the petition is for 12
appointment of a professional guardian or conservator, any individual 13
or guardianship or conservatorship service that meets any 14
certification requirements established by the administrator for the 15
courts, may, if not otherwise disqualified, be appointed guardian or 16
conservator of a person subject to guardianship, conservatorship, or 17
both. A financial institution subject to the jurisdiction of the 18
department of financial institutions and authorized to exercise trust 19
powers, and a federally chartered financial institution when 20
authorized to do so, may be appointed to act as a guardian or 21
S-3446.3
SENATE BILL 5837
State of Washington 69th Legislature 2026 Regular Session
By Senators Pedersen, Holy, Nobles, and C. Wilson
Prefiled 12/05/25. Read first time 01/12/26. Referred to Committee
on Law & Justice.
p. 1 SB 5837
conservator of a person subject to guardianship, conservatorship, or 1
both without having to meet the certification requirements 2
established by the administrator for the courts. No person is 3
qualified to serve as a guardian or conservator who is:4
(a) Under 18 years of age except as otherwise provided herein;5
(b)(i) Except as provided otherwise in (b)(ii) of this 6
subsection, convicted of a crime involving dishonesty, neglect, or 7
use of physical force or other crime relevant to the functions the 8
individual would assume as guardian; 9
(ii) A court may, upon consideration of the facts, find that a 10
relative convicted of a crime is qualified to serve as a guardian or 11
conservator; 12
(c) A nonresident of this state who has not appointed a resident 13
agent to accept service of process in all actions or proceedings with 14
respect to the estate and caused such appointment to be filed with 15
the court; 16
(d) A corporation not authorized to act as a fiduciary, guardian, 17
or conservator in the state; 18
(e) A person whom the court finds unsuitable. 19
(2) If a guardian, or conservator is not a certified professional 20
guardian, conservator, or financial institution authorized under this 21
section, the guardian or conservator must complete any standardized 22
training video or web cast for lay guardians or conservators made 23
available by the administrative office of the courts and the superior 24
court where the petition is filed unless granted a waiver by the 25
court. The training video or web cast must be provided at no cost to 26
the guardian, or conservator. 27
(a) If a petitioner requests the appointment of a specific 28
individual to act as a guardian or conservator, the petition for 29
guardianship or conservatorship must include evidence of the 30
successful completion of the required training video or web cast by 31
the proposed guardian or conservator. The superior court may defer 32
the completion of the training requirement to a date no later than 33
((ninety)) 90 days after appointment if the petitioner requests 34
expedited appointment due to emergent circumstances.35
(b) If no person is identified to be appointed guardian or 36
conservator at the time the petition is filed, then the court must 37
require that the petitioner identify within 30 days from the filing 38
of the petition a specific individual to act as guardian or 39
conservator subject to the training requirements set forth herein. If 40
p. 2 SB 5837
the petitioner fails to identify a guardian or conservator within 30 1
days of filing, the court shall dismiss the guardianship or 2
conservatorship. 3
Sec. 2. RCW 11.130.170 and 2019 c 437 s 134 are each amended to 4
read as follows: 5
(1)(a) The attorney general may petition for the appointment of a 6
guardian, conservator, or other protective arrangement under RCW 7
11.130.270, 11.130.365, and 11.130.595 in which there is cause to 8
believe that a guardianship, conservatorship, or protective 9
arrangement is necessary and no private party is able and willing to 10
petition. 11
(b) Prepayment of a filing fee shall not be required in any 12
guardianship, conservatorship, or protective arrangement proceeding 13
brought by the attorney general. Payment of the filing fee shall be 14
ordered from the estate of the respondent person at the hearing on 15
the merits of the petition, unless in the judgment of the court, such 16
payment would impose a hardship upon the respondent, in which case 17
the filing shall be waived. 18
(2) No filing fee shall be charged by the court for filing a 19
petition for guardianship, conservatorship, or other protective 20
arrangement filed under RCW 11.130.270, 11.130.365, and 11.130.595 if 21
the petition alleges that the respondent has total assets of a value 22
of less than ((three thousand dollars)) $3,000. 23
(3) No filing fee shall be charged by the court for filing a 24
petition for guardianship or conservatorship filed under Article 2 of 25
this chapter, where the potential guardian is ((a relative and )) not 26
a professional guardian or conservator. 27
Sec. 3. RCW 11.130.195 and 2020 c 312 s 103 are each amended to 28
read as follows: 29
(1) All petitions filed under RCW 11.130.190 for appointment of a 30
guardian for a minor shall be heard within 90 days unless extended by 31
the court for good cause shown.32
(2) If a petition is filed under RCW 11.130.190, the court shall 33
schedule a hearing and the petitioner shall: 34
(a) Serve notice of the date, time, and place of the hearing, 35
together with a copy of the petition and supplemental declaration, 36
personally on each of the following that is not the petitioner:37
p. 3 SB 5837
(i) The minor, if the minor is ((twelve)) 12 years of age or 1
older. The court may, upon a showing of good cause, order that 2
information concerning the reasons for the guardianship contained in 3
the petition, the supplemental declaration, and all subsequently 4
filed pleadings and evidence by any party, not be served on the minor 5
if the minor is unrepresented. A minor entitled to service under this 6
subsection may request access to the court pleadings and evidence 7
filed in the court record; 8
(ii) Each known parent of the minor ((or, if there is none, the 9
adult nearest in kinship who can be found with reasonable 10
diligence)); 11
(iii) Any guardian or person with nonparental custody of the 12
minor issued under chapter 26.10 RCW; and 13
(iv) Any other person the court determines should receive 14
personal service of notice; and 15
(b)(i) Give notice by mail or other ((action)) means reasonably 16
calculated to give notice under RCW 11.130.065 of the date, time, and 17
place of the hearing, together with a copy of the petition, to:18
(A) Any adult with primary care and custody of the minor who is 19
not a parent, guardian, or person with nonparental custody issued 20
under chapter 26.10 RCW; 21
(B) Each person that had primary care or custody of the minor for 22
at least ((sixty)) 60 days during the two years immediately before 23
the filing of the petition or for at least ((seven hundred thirty )) 24
730 days during the five years immediately before the filing of the 25
petition, if known; 26
(C) Any person nominated as guardian by the minor, if the minor 27
is ((twelve)) 12 years of age or older; 28
(D) Any nominee of a parent; 29
(E) Each grandparent and adult sibling of the minor, if known;30
(F) Any conservator acting for the minor in any jurisdiction; and31
(G) Any other person the court determines. 32
(ii) When the court finds that a party entitled to personal 33
service in (a) of this subsection is unable to be served, the court 34
may allow service by alternative means including, but not limited to, 35
mail by the United States postal service, email, text message, social 36
media applications, or other technologies, with proof of service 37
subsequently filed with the court detailing such service. Such 38
service shall be accepted as complete and has the same jurisdictional 39
effect as service by publication.40
p. 4 SB 5837
(iii) The court may waive notice to persons listed under (b)(i) 1
of this subsection for good cause. Good cause includes an allegation 2
that giving notice may risk harm to the minor. 3
(((2))) (3) Notice required by subsection (((1))) (2) of this 4
section must include a statement of the right to request appointment 5
of an attorney for the minor or object to appointment of a guardian 6
and a description of the nature, purpose, and consequences of 7
appointment of a guardian. Notice for the minor must specifically 8
state all rights retained by the minor including the right to request 9
counsel, the right to attend, and the right to participate and 10
communicate with the court. Notice for the minor must also state 11
whether the court has entered any prior order limiting information 12
served upon the minor, and that the minor may ask the court to 13
reconsider the court's order at any time. Notice for the minor must 14
include information on how the minor can respond to the petition.15
(((3))) (4) The court may not grant a petition for guardianship 16
of a minor if notice substantially complying with subsection (((1))) 17
(2)(a) of this section is not served on: 18
(a) The minor, if the minor is ((twelve)) 12 years of age or 19
older; and 20
(b) Each parent of the minor, unless the court finds by clear and 21
convincing evidence that the parent cannot with due diligence be 22
located and served or the parent waived, in a record, the right to 23
notice. 24
(((4))) (5)(a) If a petitioner is unable to serve notice under 25
subsection (((1))) (2)(a) of this section on a parent of a minor or 26
alleges that the parent waived, in a record, the right to notice 27
under this section, ((and in )) the court shall appoint a court 28
visitor or guardian ad litem who shall:29
(i) Report to the court as soon as possible before the 60-day 30
hearing:31
(A) Whether the parent cannot be located with due diligence; and32
(B) Whether the parent consents to the guardian for the minor; 33
and34
(ii) Investigate any other matter relating to the petition the 35
court directs.36
(b) The court visitor or guardian ad litem may assist a minor who 37
is the sole petitioner in effecting service and notice.38
p. 5 SB 5837
(6)(a) In all cases involving a minor ((twelve)) 12 years of age 1
and older when the minor is unrepresented, the court shall appoint a 2
court visitor or guardian ad litem who shall: 3
(((a))) (i) Interview the petitioner and the minor; and4
(((b))) (ii) Meet with the minor and explain the rights retained 5
by the minor under RCW 11.130.200 and 11.130.205 and as outlined in 6
the notice requirements under this section. The court visitor or 7
guardian ad litem shall ascertain the minor's views or positions 8
regarding the guardianship and shall file a report ((with the court 9
regarding the minor's views or positions )) to the court, including 10
such views or positions in the report . If the minor wishes the court 11
to reconsider any prior order limiting information served upon the 12
minor, the court visitor or guardian ad litem shall inform the court 13
of the minor's request((;14
(c) If the petitioner alleges the parent cannot be located, 15
ascertain whether the parent cannot be located with due diligence;16
(d) Investigate any other matter relating to the petition the 17
court directs; and18
(e) Ascertain whether the parent consents to the guardian for the 19
minor)). 20
(b) The court shall determine whether to appoint a court visitor 21
or guardian ad litem as soon as possible after the filing of the 22
petition.23
Sec. 4. RCW 11.130.200 and 2019 c 437 s 204 are each amended to 24
read as follows: 25
(1) The court ((is not required, but)) may appoint an attorney to 26
represent a minor who is the subject of a proceeding under RCW 27
11.130.190 if: 28
(a) Requested by the minor and the minor is ((twelve)) 12 years 29
of age or older; 30
(b) Recommended by a guardian ad litem; or 31
(c) The court determines the minor needs representation. The 32
court may appoint an attorney for a minor, including in modification 33
and termination actions, or when a minor is under age 12, as the 34
court determines necessary.35
(2) The court must appoint an attorney for a minor 12 years of 36
age or older if the parent of the minor objects to guardianship and 37
has an attorney, pursuant to subsection (5) or (6) of this section. 38
p. 6 SB 5837
If the sole petitioner is the minor, the court must provide an 1
attorney for the minor upon receipt of the petition.2
(3) An attorney appointed under subsection (1) of this section 3
shall: 4
(a) Make a reasonable effort to ascertain the minor's wishes;5
(b) Advocate for the minor's wishes to the extent reasonably 6
ascertainable; and 7
(c) If the minor's wishes are not reasonably ascertainable, 8
advocate for the minor's legal rights. 9
(((3))) (4) A minor who is the subject of a proceeding under RCW 10
11.130.190 may retain an attorney to represent the minor in the 11
proceeding. 12
(((4))) (5) A parent of a minor who is the subject of a 13
proceeding under RCW 11.130.190 may retain an attorney to represent 14
the parent in the proceeding. 15
(((5))) (6) The court must appoint an attorney to represent a 16
parent of a minor who is the subject of a proceeding under RCW 17
11.130.190 if: 18
(a) The parent has appeared in the proceeding;19
(b) The parent is indigent; and 20
(c) Any of the following is true: 21
(i) The parent objects to appointment of a guardian for the 22
minor; or 23
(ii) The court determines that counsel is needed to ensure that 24
consent to appointment of a guardian is informed; or25
(iii) The court otherwise determines the parent needs 26
representation. 27
(((6))) (7) The court must inquire about whether a parent is 28
indigent to ensure that counsel is appointed ((in a timely manner )) 29
as soon as possible after the filing of the petition . For purposes of 30
this section, "indigent" has the same meaning as under RCW 31
10.101.010. 32
(((7))) (8) The court is not required, but may appoint an 33
attorney to represent a parent of a minor who is the subject of a 34
proceeding under RCW 11.130.190, even if the parent is not indigent, 35
if: 36
(a) The parent objects to appointment of a guardian for the 37
minor; 38
(b) The court determines that counsel is needed to ensure that 39
consent to appointment of a guardian is informed; or40
p. 7 SB 5837
(c) The court otherwise determines that the parent needs 1
representation. 2
(((8))) (9) A party represented by an attorney in proceedings 3
under this article , or a guardian ad litem, has the right to 4
introduce evidence, to be heard in his or her own behalf, and to 5
examine witnesses. If a party to an action under this article is 6
represented by counsel, no order may be provided to that party for 7
signature without prior notice and provision of the order to counsel.8
(10) The court is not required, but may appoint an attorney to 9
represent a petitioner of a minor guardianship if:10
(a) The petitioner is indigent as defined in RCW 10.101.010 and 11
one or more parties contest the guardianship and have either secured 12
or been appointed legal counsel;13
(b) The court determines that such an appointment for the 14
petitioner is necessary to support the efficiency of ongoing court 15
proceedings and to ensure that the court has sufficient information 16
to protect the interests of the minor; or17
(c) The court otherwise determines that the petitioner needs 18
representation.19
Sec. 5. RCW 11.130.205 and 2020 c 312 s 104 are each amended to 20
read as follows: 21
(1) The court shall allow a minor who is the subject of a hearing 22
under RCW 11.130.195 to attend the hearing , or other proceedings such 23
as mediation or settlement conferences, and allow the minor to 24
participate in the ((hearing)) proceedings unless the court 25
determines that: 26
(a) The minor lacks the ability or maturity to participate 27
meaningfully in the hearing; or 28
(b) Attendance would be harmful to the minor. 29
(2) Unless excused by the court for good cause, the person 30
proposed to be appointed as guardian for a minor shall attend a 31
hearing under RCW 11.130.195. 32
(3) Each parent of a minor who is the subject of a hearing under 33
RCW 11.130.195 has the right to attend the hearing.34
(4) A person may request permission to participate in a hearing 35
under RCW 11.130.195. The court may grant the request, with or 36
without hearing, on determining that it is in the best interest of 37
the minor who is the subject of the hearing. The court may impose 38
appropriate conditions on the person's participation.39
p. 8 SB 5837
Sec. 6. RCW 11.130.210 and 2022 c 243 s 7 are each amended to 1
read as follows: 2
(1) Before granting any order under this chapter, the court must 3
consult the judicial information system, if available, to determine 4
the existence of any information and proceedings that are relevant to 5
the placement of the child. 6
(2) Before entering a final order, the court must:7
(a) Direct the department of children, youth, and families to 8
release information regarding all proposed guardians and all adult 9
members of any proposed guardian's household ((as provided under RCW 10
13.50.100)); ((and))11
(b) Require the petitioner to provide the results of an 12
examination of ((state and national )) criminal identification data 13
provided by the Washington state patrol criminal identification 14
system as described in chapter 43.43 RCW for all proposed guardians 15
as well as all adult members of the proposed guardian's household ; 16
and17
(c) When a guardianship is contested, direct the department of 18
children, youth, and families to release information regarding 19
parents and any party seeking custody, and all adults in their 20
households, in regard to any minor. 21
Sec. 7. RCW 11.130.215 and 2025 c 166 s 3 are each amended to 22
read as follows: 23
(1) After a hearing under RCW 11.130.195, the court may appoint a 24
guardian for a minor, if appointment is proper under RCW 11.130.185, 25
dismiss the proceeding, or take other appropriate action consistent 26
with this chapter or law of this state other than this chapter.27
(2) In appointing a guardian under subsection (1) of this 28
section, the following rules apply: 29
(a) The court shall appoint a person nominated as guardian by a 30
parent of the minor in a probated will or other record unless the 31
court finds the appointment is contrary to the best interest of the 32
minor. Any "other record" must be a declaration or other sworn 33
document and may include a power of attorney or other sworn statement 34
as to the care, custody, or control of the minor child.35
(b) If multiple parents have nominated different persons to serve 36
as guardian, the court shall appoint the nominee whose appointment is 37
in the best interest of the minor, unless the court finds that 38
p. 9 SB 5837
appointment of none of the nominees is in the best interest of the 1
minor. 2
(c) If a guardian is not appointed under (a) or (b) of this 3
subsection, the court shall appoint the person nominated by the minor 4
if the minor is ((twelve)) 12 years of age or older unless the court 5
finds that appointment is contrary to the best interest of the minor. 6
In that case, the court shall appoint as guardian a person whose 7
appointment is in the best interest of the minor. 8
(3) In the interest of maintaining or encouraging involvement by 9
a minor's parent in the minor's life, developing self-reliance of the 10
minor, or for other good cause, the court, at the time of appointment 11
of a guardian for the minor or later, on its own or on motion of the 12
minor or other interested person, may create a limited guardianship 13
by limiting the powers otherwise granted by this article to the 14
guardian. Following the same procedure, the court may grant 15
additional powers or withdraw powers previously granted.16
(4) The court, as part of an order appointing a guardian for a 17
minor, shall state rights retained by any parent of the minor, which 18
shall preserve the parent-child relationship through an order for 19
parent-child visitation and other contact, unless the court finds the 20
relationship should be limited or restricted under RCW 26.09.191 or 21
26.09.192; and which may include decision making regarding the 22
minor's health care, education, or other matter, or access to a 23
record regarding the minor. In the absence of court-ordered 24
restrictions, parents may participate in the care of the child, 25
receive the child's records, be notified of the child's hospital 26
care, and attend conferences and events at the child's school.27
(5) An order granting a guardianship for a minor must state that 28
each parent of the minor is entitled to notice that:29
(a) The guardian has delegated custody of the minor subject to 30
guardianship; 31
(b) The court has modified or limited the powers of the guardian; 32
or 33
(c) The court has removed the guardian. 34
(6) An order granting a guardianship for a minor must identify 35
any person in addition to a parent of the minor which is entitled to 36
notice of the events listed in subsection (5) of this section.37
(7) An order granting guardianship for a minor must direct the 38
clerk of the court to issue letters of office to the guardian 39
p. 10 SB 5837
containing an expiration date which should be the minor's 1
((eighteenth)) 18th birthday. 2
Sec. 8. RCW 11.130.220 and 2020 c 312 s 107 are each amended to 3
read as follows: 4
(1) A standby guardian appointed under this section may act as 5
guardian, with all duties and powers of a guardian under RCW 6
11.130.230 and 11.130.235, when no parent of the minor is willing or 7
able to exercise the duties and powers granted to the guardian.8
(2) A parent of a minor, in a signed record, may nominate a 9
person to be appointed by the court as standby guardian for the 10
minor. The parent, in a signed record, may state desired limitations 11
on the powers to be granted the standby guardian. The parent, in a 12
signed record, may revoke or amend the nomination at any time before 13
the court appoints a standby guardian. 14
(3)(a) The court may appoint a standby guardian for a minor on:15
(((a))) (i) Petition by a parent of the minor or a person 16
nominated under subsection (2) of this section; and17
(((b))) (ii) Finding that, within two years after the 18
appointment, no parent of the minor likely will be able or willing to 19
perform parenting functions as defined in RCW 26.09.004.20
(b) The court may extend the standby guardianship, for good cause 21
shown, at the court's discretion.22
(4) A petition under subsection (3)(a)(i) of this section must 23
include the same information required under RCW 11.130.190 for the 24
appointment of a guardian for a minor. 25
(5) On filing a petition under subsection (3)(a)(i) of this 26
section, the petitioner shall: 27
(a) Serve a copy of the petition personally on:28
(i) The minor, if the minor is ((twelve)) 12 years of age or 29
older, and the minor's attorney, if any; 30
(ii) Each parent of the minor; 31
(iii) The person nominated as standby guardian; and32
(iv) Any other person the court determines; and33
(b) Include with the copy of the petition served under (a) of 34
this subsection a statement of the right to request appointment of an 35
attorney for the minor or to object to appointment of the standby 36
guardian, and a description of the nature, purpose, and consequences 37
of appointment of a standby guardian. 38
p. 11 SB 5837
(6) The court may, upon a showing of good cause, order that the 1
information concerning the reasons for the standby guardianship 2
contained in the petition and all subsequently filed pleadings and 3
evidence by any party not be served on the minor if the minor is 4
unrepresented. A minor entitled to service under this subsection may 5
request access to the court pleadings and evidence filed in the court 6
record. 7
(7) A person entitled to notice under subsection (5) of this 8
section, not later than ((sixty)) 60 days after service of the 9
petition and statement, may object to appointment of the standby 10
guardian by filing an objection with the court and giving notice of 11
the objection to each other person entitled to notice under 12
subsection (5) of this section. 13
(8) If an objection is filed under subsection (7) of this 14
section, the court shall hold a hearing to determine whether a 15
standby guardian should be appointed and, if so, the person that 16
should be appointed. If no objection is filed, the court may make the 17
appointment. 18
(9) The court may not grant a petition for a standby guardian of 19
the minor if notice substantially complying with subsection (5) of 20
this section is not served on: 21
(a) The minor, if the minor is ((twelve)) 12 years of age or 22
older; and 23
(b) Each parent of the minor, unless the court finds by clear and 24
convincing evidence that the parent, in a record, waived the right to 25
notice or cannot be located and served with due diligence.26
(10) If a petitioner is unable to serve notice under subsection 27
(5) of this section on a parent of the minor or alleges that a parent 28
of the minor waived the right to notice under this section, the court 29
shall appoint a court visitor who shall: 30
(a) Interview the petitioner and the minor; 31
(b) If the petitioner alleges the parent cannot be located and 32
served, ascertain whether the parent cannot be located with due 33
diligence; and 34
(c) Investigate any other matter relating to the petition the 35
court directs. 36
(11) If the court finds under subsection (3) of this section that 37
a standby guardian should be appointed, the following rules apply:38
p. 12 SB 5837
(a) The court shall appoint the person nominated under subsection 1
(2) of this section unless the court finds the appointment is 2
contrary to the best interest of the minor. 3
(b) If the parents have nominated different persons to serve as 4
standby guardian, the court shall appoint the nominee whose 5
appointment is in the best interest of the minor, unless the court 6
finds that appointment of none of the nominees is in the best 7
interest of the minor. 8
(12) An order appointing a standby guardian under this section 9
must state that each parent of the minor is entitled to notice, and 10
identify any other person entitled to notice, if: 11
(a) The standby guardian assumes the duties and powers of the 12
guardian; 13
(b) The guardian delegates custody of the minor;14
(c) The court modifies or limits the powers of the guardian; or15
(d) The court removes the guardian. 16
(13) Before assuming the duties and powers of a guardian, a 17
standby guardian must file with the court an acceptance of 18
appointment as guardian and give notice of the acceptance to:19
(a) Each parent of the minor, unless the parent, in a record, 20
waived the right to notice or cannot be located and served with due 21
diligence; 22
(b) The minor, if the minor is ((twelve)) 12 years of age or 23
older; and 24
(c) Any person, other than the parent, having care or custody of 25
the minor. 26
(14) A person that receives notice under subsection (13) of this 27
section or any other person interested in the welfare of the minor 28
may file with the court an objection to the standby guardian's 29
assumption of duties and powers of a guardian. The court shall hold a 30
hearing if the objection supports a reasonable belief that the 31
conditions for assumption of duties and powers have not been 32
satisfied. 33
Sec. 9. RCW 11.130.225 and 2022 c 243 s 1 are each amended to 34
read as follows: 35
(1) On its own, on motion when a guardianship petition is filed 36
under RCW 11.130.190, or on petition by a person interested in a 37
minor's welfare, including the minor, the court may appoint an 38
emergency guardian for the minor if the court finds:39
p. 13 SB 5837
(a) Appointment of an emergency guardian is likely to prevent 1
substantial harm to the minor's health, safety, or welfare; and2
(b) No other person appears to have authority, ability, and the 3
willingness to act to prevent substantial harm to the minor's health, 4
safety, or welfare. 5
(2) The duration of authority of an emergency guardian for a 6
minor may not exceed ((sixty)) 60 days and the emergency guardian may 7
exercise only the powers specified in the order of appointment. The 8
emergency guardian's authority may be extended once for not more than 9
((sixty)) 60 days if the court finds that the conditions for 10
appointment of an emergency guardian in subsection (1) of this 11
section continue. 12
(3) Except as otherwise provided in subsection (4) of this 13
section, reasonable notice , including by methods described in RCW 14
11.130.195(2)(b) (ii) and (iii), of the date, time, and place of a 15
hearing on a motion for or a petition for appointment of an emergency 16
guardian for a minor must be given to: 17
(a) The minor, if the minor is ((twelve)) 12 years of age or 18
older; 19
(b) Any attorney appointed under RCW 11.130.200;20
(c) Each parent of the minor; 21
(d) Any person, other than a parent, having care or custody of 22
the minor; and 23
(e) Any other person the court determines. 24
(4) The court may appoint an immediate emergency guardian for a 25
minor without notice under subsection (3) of this section and a 26
hearing only if the court finds from an affidavit or testimony that 27
the minor's health, safety, or welfare will be substantially harmed 28
before a hearing with notice on the appointment can be held. If the 29
court appoints an immediate emergency guardian without notice to an 30
unrepresented minor or the attorney for a represented minor, notice 31
of the appointment must be given not later than ((forty-eight hours)) 32
four days after the appointment to the individuals listed in 33
subsection (3) of this section. Not later than ((five)) 14 days after 34
the appointment, the court shall hold a hearing on the 35
appropriateness of the appointment ; provided, however, that the 14-36
day period may be extended by agreement or for good cause at the 37
court's discretion. 38
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(5) Appointment of an emergency guardian under this section, with 1
or without notice, is not a determination that a basis exists for 2
appointment of a guardian under RCW 11.130.185. 3
(6) The court may remove an emergency guardian appointed under 4
this section at any time. The emergency guardian shall make any 5
report the court requires. 6
(7) Notwithstanding subsection (2) of this section, the court may 7
extend an emergency guardianship pending the outcome of a full 8
hearing under RCW 11.130.190 or 11.130.220. 9
(8) If a petition for guardianship under RCW ((11.130.215)) 10
11.130.190 is pending, or is subsequently filed after a petition 11
under this section, the cases shall be linked or consolidated.12
Sec. 10. RCW 11.130.240 and 2020 c 312 s 110 are each amended to 13
read as follows: 14
(1) Guardianship under this chapter for a minor terminates:15
(a) On the minor's death, adoption, emancipation, or attainment 16
of majority; or 17
(b) When the court finds that the basis in RCW 11.130.185 for 18
appointment of a guardian no longer exists, unless the court finds 19
that: 20
(i) Termination of the guardianship would be harmful to the 21
minor; and 22
(ii) The minor's interest in the continuation of the guardianship 23
outweighs the interest of any parent of the minor in restoration of 24
the parent's right to make decisions for the minor.25
(2)(a) A minor subject to guardianship or a person interested in 26
the welfare of the minor, including a parent, may petition the court 27
to terminate the guardianship, modify the guardianship, remove the 28
guardian and appoint a successor guardian, or remove a standby 29
guardian and appoint a different standby guardian.30
(b) A modification motion may be brought due to changes in 31
circumstances.32
(3) A petitioner under subsection (2) of this section shall give 33
notice of the hearing on the petition to the minor, if the minor is 34
((twelve)) 12 years of age or older and is not the petitioner, the 35
guardian, each parent of the minor, and any other person the court 36
determines. 37
(4) The court shall follow the priorities in RCW 11.130.215(2) 38
when selecting a successor guardian for a minor. 39
p. 15 SB 5837
(5) Not later than ((thirty)) 30 days after appointment of a 1
successor guardian for a minor, the court shall give notice of the 2
appointment to the minor subject to guardianship, if the minor is 3
((twelve)) 12 years of age or older, each parent of the minor, and 4
any other person the court determines. 5
(6) When terminating a guardianship for a minor under this 6
section, the court may issue an order providing for transitional 7
arrangements that will assist the minor with a transition of custody 8
and is in the best interest of the minor. 9
(7) A guardian for a minor that is removed shall cooperate with a 10
successor guardian to facilitate transition of the guardian's 11
responsibilities and protect the best interest of the minor.12
Sec. 11. RCW 11.130.275 and 2020 c 312 s 201 are each amended to 13
read as follows: 14
(1) All petitions filed under RCW 11.130.270 for appointment of a 15
guardian for an adult shall be heard within ((sixty-)) 60 days unless 16
an extension of time is requested by a party or the court visitor 17
within such ((sixty)) 60-day period and granted for good cause shown. 18
If an extension is granted, the court shall set a new hearing date.19
(2)(a) A copy of a petition under RCW 11.130.270 and notice of a 20
hearing on the petition must be served personally on the respondent 21
and the court visitor appointed under RCW 11.130.280 not more than 22
five court days after the petition under RCW 11.130.270 has been 23
filed. 24
(b) Notice under this subsection shall include a clear and easily 25
readable statement of the legal rights of the respondent that could 26
be restricted or transferred to a guardian by a guardianship order as 27
well as the right to counsel of choice and to a jury trial on whether 28
a basis exists under RCW 11.130.265 for the appointment of a guardian 29
and the issue of the respondent's rights that will be retained or 30
restricted if a guardian is appointed. Such notice must be in 31
substantially the same form as set forth in RCW 11.130.657 and must 32
be double-spaced and in a type size not smaller than ((sixteen)) 16 33
point font. The court may not grant the petition if notice 34
substantially complying with this subsection is not served on the 35
respondent. 36
(3) In a proceeding on a petition under RCW 11.130.270, the 37
notice required under subsection (2) of this section must be given to 38
the persons required to be listed in the petition under RCW 39
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11.130.270(((2))) (3) (a) through (c) and any other notice party. 1
Failure to give notice under this subsection does not preclude the 2
court from appointing a guardian. 3
(4) After the appointment of a guardian, notice of a hearing on a 4
petition for an order under this article, together with a copy of the 5
petition, must be given to: 6
(a) The adult subject to guardianship; 7
(b) The guardian; and 8
(c) Any other notice party or person the court determines 9
pursuant to RCW 11.130.310(5) or a subsequent court order.10
Sec. 12. RCW 11.130.280 and 2024 c 267 s 4 are each amended to 11
read as follows: 12
(1) On receipt of a petition under RCW 11.130.270 for appointment 13
of a guardian for an adult, the court shall appoint a court visitor. 14
The court visitor must be an individual with training or experience 15
in the type of abilities, limitations, and needs alleged in the 16
petition. 17
(2) The court, in the order appointing a court visitor, shall 18
specify the hourly rate the court visitor may charge for his or her 19
services, and shall specify the maximum amount the court visitor may 20
charge without additional court review and approval. The fee shall be 21
charged to the person subject to a guardianship or conservatorship 22
proceeding unless the court finds that such payment would result in 23
substantial hardship upon such person, in which case the county shall 24
be responsible for such costs: PROVIDED, That the court may charge 25
such fee to the petitioner, the person subject to a guardianship or 26
conservatorship proceeding, or any person who has appeared in the 27
action; or may allocate the fee, as it deems just. If the petition is 28
found to be frivolous or not brought in good faith, the court visitor 29
fee shall be charged to the petitioner. The court shall not be 30
required to provide for the payment of a fee to any salaried employee 31
of a public agency. 32
(3)(a) The court visitor appointed under subsection (1) of this 33
section shall within five days of receipt of notice of appointment 34
file with the court and serve, either personally or by ((certified)) 35
first-class mail ((with return receipt )), the respondent or his or 36
her legal counsel, the petitioner or his or her legal counsel, and 37
any interested party entitled to notice under RCW 11.130.080 with a 38
statement including: His or her training relating to the duties as a 39
p. 17 SB 5837
court visitor; his or her criminal history as defined in RCW 1
9.94A.030 for the period covering 10 years prior to the appointment; 2
his or her hourly rate, if compensated; whether the court visitor has 3
had any contact with a party to the proceeding prior to his or her 4
appointment; and whether he or she has an apparent conflict of 5
interest. Within three days of the later of the actual service or 6
filing of the court visitor's statement, any party may set a hearing 7
and file and serve a motion for an order to show cause why the court 8
visitor should not be removed for one of the following three reasons:9
(i) Lack of expertise necessary for the proceeding;10
(ii) An hourly rate higher than what is reasonable for the 11
particular proceeding; or 12
(iii) A conflict of interest. 13
(b) Notice of the hearing shall be provided to the court visitor 14
and all parties. If, after a hearing, the court enters an order 15
replacing the court visitor, findings shall be included, expressly 16
stating the reasons for the removal. If the court visitor is not 17
removed, the court has the authority to assess to the moving party 18
attorneys' fees and costs related to the motion. The court shall 19
assess attorneys' fees and costs for frivolous motions.20
(4) A court visitor appointed under subsection (1) of this 21
section shall interview the respondent in person and, in a manner the 22
respondent is best able to understand: 23
(a) Explain to the respondent the substance of the petition, the 24
nature, purpose, and effect of the proceeding, the respondent's 25
rights at the hearing on the petition, the right to counsel of choice 26
and to a jury trial, and the general powers and duties of a guardian;27
(b) Determine whether the respondent would like to request the 28
appointment of an attorney, and determine the respondent's views 29
about the appointment sought by the petitioner, including views about 30
a proposed guardian, the guardian's proposed powers and duties, and 31
the scope and duration of the proposed guardianship; and32
(c) Inform the respondent that all costs and expenses of the 33
proceeding, including the respondent's attorney's fees, may be paid 34
from the respondent's assets. 35
(5) If the respondent objects to the petition or requests 36
appointment of an attorney, the court visitor shall petition the 37
court to have an attorney appointed within five days of meeting the 38
respondent. 39
p. 18 SB 5837
(6) The court visitor appointed under subsection (1) of this 1
section shall: 2
(a) Interview the petitioner and proposed guardian, if any;3
(b) Visit the respondent's present dwelling and any dwelling in 4
which it is reasonably believed the respondent will live if the 5
appointment is made; 6
(c) Obtain information from any physician or other person known 7
to have treated, advised, or assessed the respondent's relevant 8
physical or mental condition; and 9
(d) Investigate the allegations in the petition and any other 10
matter relating to the petition the court directs.11
(7) A court visitor appointed under subsection (1) of this 12
section shall file a report in a record with the court and provide a 13
copy of the report to the respondent, petitioner, and any interested 14
party entitled to notice under RCW 11.130.080 at least 15 days prior 15
to the hearing on the petition filed under RCW 11.130.270, which must 16
include: 17
(a) A summary of self-care and independent living tasks the 18
respondent can manage without assistance or with existing supports, 19
could manage with the assistance of appropriate supportive services, 20
technological assistance, or supported decision making, and cannot 21
manage; 22
(b) A recommendation regarding the appropriateness of 23
guardianship, including whether a protective arrangement instead of 24
guardianship or other less restrictive alternative for meeting the 25
respondent's needs is available and: 26
(i) If a guardianship is recommended, whether it should be full 27
or limited; and 28
(ii) If a limited guardianship is recommended, the powers to be 29
granted to the guardian; 30
(c) A statement of the qualifications of the proposed guardian 31
and whether the respondent approves or disapproves of the proposed 32
guardian; 33
(d) A statement whether the proposed dwelling meets the 34
respondent's needs and whether the respondent has expressed a 35
preference as to residence; 36
(e) A statement whether the respondent declined a professional 37
evaluation under RCW 11.130.290 and what other information is 38
available to determine the respondent's needs and abilities without 39
the professional evaluation; 40
p. 19 SB 5837
(f) A statement whether the respondent is able to attend a 1
hearing at the location court proceedings typically are held;2
(g) A statement whether the respondent is able to participate in 3
a hearing and which identifies any technology or other form of 4
support that would enhance the respondent's ability to participate; 5
and 6
(h) Any other matter the court directs. 7
(8) The appointment of a court visitor has no effect on the 8
determination of the adult respondent's legal capacity and does not 9
overcome the presumption of legal capacity or full legal and civil 10
rights of the adult respondent. 11
Sec. 13. RCW 11.130.285 and 2020 c 312 s 202 are each amended to 12
read as follows: 13
(1)(a) The respondent shall have the right to be represented by a 14
willing attorney of their choosing at any stage in guardianship 15
proceedings. Any attorney purporting to represent a respondent or 16
person subject to guardianship shall petition the court to be 17
appointed to represent the respondent or person subject to 18
guardianship. 19
(b) Unless the respondent in a proceeding for appointment of a 20
guardian for an adult is represented by an attorney, the court is not 21
required, but may appoint an attorney to represent the respondent, 22
regardless of the respondent's ability to pay, except as provided 23
otherwise in (c) of this subsection. 24
(c)(i) The court must appoint an attorney to represent the 25
respondent at public expense when ((either)) the respondent objects 26
to the petition or requests appointment of an attorney to the court 27
visitor, and: 28
(A) The respondent is unable to afford an attorney;29
(B) The expense of an attorney would result in substantial 30
hardship to the respondent; or 31
(C) The respondent does not have practical access to funds with 32
which to pay an attorney. If the respondent can afford an attorney 33
but lacks practical access to funds, the court must provide an 34
attorney and may impose a reimbursement requirement as part of a 35
final order. 36
(ii) When, in the opinion of the court, the rights and interests 37
of the respondent cannot otherwise be adequately protected and 38
p. 20 SB 5837
represented, the court on its own motion must appoint an attorney at 1
any time to represent the respondent. 2
(iii) The court visitor, under the requirements of RCW 3
11.130.280(4), will advise the court of the need for appointment of 4
counsel for the respondent within five court days after the meeting 5
with the respondent unless:6
(A) Counsel has appeared;7
(B) The respondent has affirmatively communicated a wish not to 8
be represented by counsel after being advised of the right to 9
representation and of the conditions under which court-provided 10
counsel may be available; or11
(C) The respondent was unable to communicate at all on the 12
subject, and the court visitor is satisfied that the respondent does 13
not affirmatively desire to be represented by counsel.14
(iv) An attorney must be provided under this subsection (1)(c) as 15
soon as practicable after a petition is filed and long enough before 16
any final hearing to allow adequate time for consultation and 17
preparation. Absent a convincing showing in the record to the 18
contrary, a period of less than three weeks is presumed by a 19
reviewing court to be inadequate time for consultation and 20
preparation. 21
(2) An attorney representing the respondent in a proceeding for 22
appointment of a guardian for an adult shall: 23
(a) Make reasonable efforts to ascertain the respondent's wishes;24
(b) Advocate for the respondent's wishes to the extent reasonably 25
ascertainable; and 26
(c) If the respondent's wishes are not reasonably ascertainable, 27
advocate for the result that is the least restrictive in type, 28
duration, and scope, consistent with the respondent's interests.29
Sec. 14. RCW 11.130.300 and 2019 c 437 s 308 are each amended to 30
read as follows: 31
(1) The existence of a proceeding for or the existence of a 32
guardianship for an adult is a matter of public record unless the 33
court seals the record after: 34
(a) The respondent or individual subject to guardianship requests 35
the record be sealed; and 36
(b) Either: 37
(i) The petition for guardianship is dismissed; or38
(ii) The guardianship is terminated. 39
p. 21 SB 5837
(2) An adult subject to a proceeding for a guardianship, whether 1
or not a guardian is appointed, an attorney designated by the adult, 2
and a person entitled to notice under RCW 11.130.310(5) or a 3
subsequent order are entitled to access court records of the 4
proceeding and resulting guardianship, including the guardian's plan 5
under RCW 11.130.340 and report under RCW 11.130.345. A person not 6
otherwise entitled to access court records under this subsection for 7
good cause may petition the court for access to court records of the 8
guardianship, including the guardian's report and plan. The court 9
shall grant access if access is in the best interest of the 10
respondent or adult subject to guardianship or furthers the public 11
interest and does not endanger the welfare or financial interests of 12
the adult. 13
(3) A report under RCW 11.130.280 of a visitor or a professional 14
evaluation under RCW 11.130.290 is confidential and must be sealed on 15
filing, but is available to: 16
(a) The court; 17
(b) The individual who is the subject of the report or 18
evaluation, without limitation as to use; 19
(c) The petitioner, visitor, ((and)) petitioner's and 20
respondent's attorneys , and proposed guardians and conservators and 21
their attorneys, for purposes of the proceeding; 22
(d) Unless the court orders otherwise, an agent appointed under a 23
power of attorney for health care or power of attorney for finances 24
in which the respondent is the principal; and 25
(e) Any other person if it is in the public interest or for a 26
purpose the court orders for good cause. 27
Sec. 15. RCW 11.130.310 and 2019 c 437 s 310 are each amended to 28
read as follows: 29
(1) A court order appointing a guardian for an adult must:30
(a) Include a specific finding that clear and convincing evidence 31
established that the identified needs of the respondent cannot be met 32
by a protective arrangement instead of guardianship or other less 33
restrictive alternative, including use of appropriate supportive 34
services, technological assistance, or supported decision making;35
(b) Include a specific finding that clear and convincing evidence 36
established the respondent was given proper notice of the hearing on 37
the petition; 38
p. 22 SB 5837
(c) State whether the adult subject to guardianship retains the 1
right to vote and, if the adult does not retain the right to vote, 2
include findings that support removing that right which must include 3
a finding that the adult cannot communicate, with or without support, 4
a specific desire to participate in the voting process; and5
(d) State whether the adult subject to guardianship retains the 6
right to marry and, if the adult does not retain the right to marry, 7
include findings that support removing that right. 8
(2) An adult subject to guardianship retains the right to vote 9
unless the order under subsection (1) of this section includes the 10
statement required by subsection (1)(c) of this section. An adult 11
subject to guardianship retains the right to marry unless the order 12
under subsection (1) of this section includes the findings required 13
by subsection (1)(d) of this section. 14
(3) A court order establishing a full guardianship for an adult 15
must state the basis for granting a full guardianship and include 16
specific findings that support the conclusion that a limited 17
guardianship would not meet the functional needs of the adult subject 18
to guardianship. 19
(4) A court order establishing a limited guardianship for an 20
adult must state the specific powers granted to the guardian.21
(5) The court, as part of an order establishing a guardianship 22
for an adult, shall identify any person that subsequently is entitled 23
to: 24
(a) Notice of the rights of the adult under RCW 25
11.130.315(((2))); 26
(b) Notice of a change in the primary dwelling of the adult;27
(c) Notice that the guardian has delegated: 28
(i) The power to manage the care of the adult;29
(ii) The power to make decisions about where the adult lives;30
(iii) The power to make major medical decisions on behalf of the 31
adult; 32
(iv) A power that requires court approval under RCW 11.130.335; 33
or 34
(v) Substantially all powers of the guardian; 35
(d) Notice that the guardian will be unavailable to visit the 36
adult for more than two months or unavailable to perform the 37
guardian's duties for more than one month; 38
(e) A copy of the guardian's plan under RCW 11.130.340 and the 39
guardian's report under RCW 11.130.345; 40
p. 23 SB 5837
(f) Access to court records relating to the guardianship;1
(g) Notice of the death or significant change in the condition of 2
the adult; 3
(h) Notice that the court has limited or modified the powers of 4
the guardian; and 5
(i) Notice of the removal of the guardian. 6
(6) A spouse, domestic partner, and adult children of an adult 7
subject to guardianship are entitled to notice under subsection (5) 8
of this section unless the court determines notice would be contrary 9
to the preferences or prior directions of the adult subject to 10
guardianship or not in the best interest of the adult.11
(7) All orders establishing a guardianship for an adult must 12
contain: 13
(a) A guardianship summary placed directly below the case caption 14
or on a separate cover page in the form or substantially the same 15
form as set forth in RCW 11.130.665; 16
(b) The date which the limited guardian or guardian must file the 17
guardian's plan under RCW 11.130.340(1); 18
(c) ((The)) A determination of whether the plan must be reviewed, 19
and if so, the date by which the court will review the guardian's 20
plan as required by RCW 11.130.340(4); 21
(d) The report interval which the guardian shall file its 22
guardian's ((plan)) report under RCW 11.130.345. The report interval 23
may be annual, biennial, or triennial; 24
(e) The date the limited guardian or guardian must file its 25
guardian's ((plan)) report under RCW 11.130.345. The due date of the 26
filing of the report shall be within ((ninety)) 90 days after the 27
anniversary date of the appointment; 28
(f) The date for the court to review the guardian's ((plan)) 29
report under RCW 11.130.345 and enter its order. The court shall 30
conduct the review within ((one hundred twenty )) 120 days after the 31
anniversary date of the appointment; and32
(g) The date on which the original letters of office shall 33
expire, which date shall be 180 days after the anniversary date of 34
appointment. 35
Sec. 16. RCW 11.130.380 and 2024 c 267 s 9 are each amended to 36
read as follows: 37
(1) If the respondent in a proceeding to appoint a conservator is 38
a minor, the court may appoint a court visitor to investigate a 39
p. 24 SB 5837
matter related to the petition or inform the minor or a parent of the 1
minor about the petition or a related matter. 2
(2) If the respondent in a proceeding to appoint a conservator is 3
an adult, the court shall appoint a court visitor. The duties and 4
reporting requirements of the court visitor are limited to the relief 5
requested in the petition. The court visitor must be an individual 6
with training or experience in the type of abilities, limitations, 7
and needs alleged in the petition. 8
(3) The court, in the order appointing court visitor, shall 9
specify the hourly rate the court visitor may charge for his or her 10
services, and shall specify the maximum amount the court visitor may 11
charge without additional court review and approval. The fee shall be 12
charged to the person subject to a guardianship or conservatorship 13
proceeding unless the court finds that such payment would result in 14
substantial hardship upon such person, in which case the county shall 15
be responsible for such costs: PROVIDED, That the court may charge 16
such fee to the petitioner, the person subject to a guardianship or 17
conservatorship proceeding, or any person who has appeared in the 18
action; or may allocate the fee, as it deems just. If the petition is 19
found to be frivolous or not brought in good faith, the court visitor 20
fee shall be charged to the petitioner. The court shall not be 21
required to provide for the payment of a fee to any salaried employee 22
of a public agency. 23
(4)(a) The court visitor appointed under subsection (1) or (2) of 24
this section shall within five days of receipt of notice of 25
appointment file with the court and serve, either personally or by 26
((certified)) first-class mail ((with return receipt )), the 27
respondent or his or her legal counsel, the petitioner or his or her 28
legal counsel, and any interested party entitled to notice under RCW 29
11.130.080 with a statement including: His or her training relating 30
to the duties as a court visitor; his or her criminal history as 31
defined in RCW 9.94A.030 for the period covering ((ten)) 10 years 32
prior to the appointment; his or her hourly rate, if compensated; 33
whether the court visitor has had any contact with a party to the 34
proceeding prior to his or her appointment; and whether he or she has 35
an apparent conflict of interest. Within three days of the later of 36
the actual service or filing of the court visitor's statement, any 37
party may set a hearing and file and serve a motion for an order to 38
show cause why the court visitor should not be removed for one of the 39
following three reasons: 40
p. 25 SB 5837
(i) Lack of expertise necessary for the proceeding;1
(ii) An hourly rate higher than what is reasonable for the 2
particular proceeding; or 3
(iii) A conflict of interest. 4
(b) Notice of the hearing shall be provided to the court visitor 5
and all parties. If, after a hearing, the court enters an order 6
replacing the court visitor, findings shall be included, expressly 7
stating the reasons for the removal. If the court visitor is not 8
removed, the court has the authority to assess to the moving party 9
attorneys' fees and costs related to the motion. The court shall 10
assess attorneys' fees and costs for frivolous motions.11
(5) A court visitor appointed under subsection (2) of this 12
section for an adult shall interview the respondent in person and in 13
a manner the respondent is best able to understand:14
(a) Explain to the respondent the substance of the petition, the 15
nature, purpose, and effect of the proceeding, the respondent's 16
rights at the hearing on the petition, the right to counsel of choice 17
and to a jury trial, and the general powers and duties of a 18
conservator; 19
(b) Determine whether the respondent would like to request the 20
appointment of an attorney, and determine the respondent's views 21
about the appointment sought by the petitioner, including views about 22
a proposed conservator, the conservator's proposed powers and duties, 23
and the scope and duration of the proposed conservatorship; and24
(c) Inform the respondent that all costs and expenses of the 25
proceeding, including respondent's attorneys' fees, may be paid from 26
the respondent's assets. 27
(6) If the respondent objects to the petition or requests 28
appointment of an attorney, the court visitor shall petition the 29
court to have an attorney appointed within five days of meeting the 30
respondent. 31
(7) A court visitor appointed under subsection (2) of this 32
section for an adult shall: 33
(a) Interview the petitioner and proposed conservator, if any;34
(b) Review financial records of the respondent, if relevant to 35
the court visitor's recommendation under subsection (8)(b) of this 36
section; 37
(c) Investigate whether the respondent's needs could be met by a 38
protective arrangement instead of conservatorship or other less 39
p. 26 SB 5837
restrictive alternative and, if so, identify the arrangement or other 1
less restrictive alternative; and 2
(d) Investigate the allegations in the petition and any other 3
matter relating to the petition the court directs. 4
(8) A court visitor appointed under subsection (2) of this 5
section for an adult shall file a report in a record with the court 6
and provide a copy of the report to the respondent, petitioner, and 7
any interested party entitled to notice under RCW 11.130.080 at least 8
((fifteen)) 15 days prior to the hearing on the petition filed under 9
RCW 11.130.365, which must include: 10
(a) A recommendation: 11
(i) Regarding the appropriateness of conservatorship, or whether 12
a protective arrangement instead of conservatorship or other less 13
restrictive alternative for meeting the respondent's needs is 14
available; 15
(ii) If a conservatorship is recommended, whether it should be 16
full or limited; 17
(iii) If a limited conservatorship is recommended, the powers to 18
be granted to the conservator, and the property that should be placed 19
under the conservator's control; and 20
(iv) If a conservatorship is recommended, the amount of the bond 21
or other verified receipt needed under RCW 11.130.445 and 11.130.500;22
(b) A statement of the qualifications of the proposed conservator 23
and whether the respondent approves or disapproves of the proposed 24
conservator; 25
(c) A statement whether the respondent declined a professional 26
evaluation under RCW 11.130.390 and what other information is 27
available to determine the respondent's needs and abilities without 28
the professional evaluation; 29
(d) A statement whether the respondent is able to attend a 30
hearing at the location court proceedings typically are held;31
(e) A statement whether the respondent is able to participate in 32
a hearing and which identifies any technology or other form of 33
support that would enhance the respondent's ability to participate; 34
and 35
(f) Any other matter the court directs. 36
(9) The appointment of a court visitor has no effect on the 37
determination of the adult respondent's legal capacity and does not 38
overcome the presumption of legal capacity or full legal and civil 39
rights of the adult respondent. 40
p. 27 SB 5837
Sec. 17. RCW 11.130.385 and 2020 c 312 s 211 are each amended to 1
read as follows: 2
(1)(a) The respondent shall have the right to be represented by a 3
willing attorney of their choosing at any stage in conservatorship 4
proceedings. Any attorney purporting to represent a respondent or 5
person subject to conservatorship shall petition the court to be 6
appointed to represent the respondent or person subject to 7
conservatorship. 8
(b) Unless the respondent in a proceeding for appointment of a 9
conservator is represented by an attorney, the court ((is not 10
required, but may )) must appoint an attorney to represent the 11
respondent, regardless of the respondent's ability to pay, ((except 12
as provided otherwise in (c) of this subsection)) when:13
(i) The respondent objects to the petition or requests 14
appointment of an attorney to the court visitor; or15
(ii) In the opinion of the court, the rights and interests of the 16
respondent cannot otherwise be adequately protected and represented.17
(c)(((i) The court must appoint an attorney to represent the 18
respondent at public expense when either )) If an attorney is 19
appointed for the respondent pursuant to (b) of this subsection, the 20
attorney shall be appointed at public expense if: 21
(((A))) (i) The respondent is unable to afford an attorney;22
(((B))) (ii) The expense of an attorney would result in 23
substantial hardship to the respondent; or 24
(((C))) (iii) The respondent does not have practical access to 25
funds with which to pay an attorney. If the respondent can afford an 26
attorney but lacks practical access to funds, the court must provide 27
an attorney and may impose a reimbursement requirement as part of a 28
final order. 29
(((ii) When, in the opinion of the court, the rights and 30
interests of the respondent cannot otherwise be adequately protected 31
and represented, the court on its own motion must appoint an attorney 32
at any time to represent the respondent.33
(iii))) (d) If the respondent objects to the petition or requests 34
appointment of an attorney, the court visitor, under the requirements 35
of RCW 11.130.380(6), shall petition the court to have an attorney 36
appointed within five days of meeting the respondent.37
(e) An attorney must be provided under (b) of this subsection 38
(((1)(c))) as soon as practicable after a petition is filed and long 39
enough before any final hearing to allow adequate time for 40
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consultation and preparation. Absent a convincing showing in the 1
record to the contrary, a period of less than three weeks is presumed 2
by a reviewing court to be inadequate time for consultation and 3
preparation. 4
(2) An attorney representing the respondent in a proceeding for 5
appointment of a conservator shall: 6
(a) Make reasonable efforts to ascertain the respondent's wishes;7
(b) Advocate for the respondent's wishes to the extent reasonably 8
ascertainable; and 9
(c) If the respondent's wishes are not reasonably ascertainable, 10
advocate for the result that is the least restrictive in type, 11
duration, and scope, consistent with the respondent's interests.12
(3) The court is not required, but may appoint an attorney to 13
represent a parent of a minor who is the subject of a proceeding 14
under RCW 11.130.365 if: 15
(a) The parent objects to appointment of a conservator;16
(b) The court determines that counsel is needed to ensure that 17
consent to appointment of a conservator is informed; or18
(c) The court otherwise determines the parent needs 19
representation. 20
Sec. 18. RCW 11.130.400 and 2019 c 437 s 408 are each amended to 21
read as follows: 22
(1) Except as otherwise provided in subsection (2) of this 23
section, a hearing under RCW 11.130.370 may not proceed unless the 24
respondent attends the hearing. If it is not reasonably feasible for 25
the respondent to attend a hearing at the location court proceedings 26
typically are held, the court shall make reasonable efforts to hold 27
the hearing at an alternative location convenient to the respondent 28
or allow the respondent to attend the hearing using real-time 29
audiovisual technology. 30
(2) A hearing under RCW 11.130.370 may proceed without the 31
respondent in attendance if the court finds by clear and convincing 32
evidence that: 33
(a) The respondent ((consistently and repeatedly)) has refused to 34
attend the hearing after having been fully informed of the right to 35
attend and the potential consequences of failing to do so;36
(b) There is no practicable way for the respondent to attend and 37
participate in the hearing even with appropriate supportive services 38
or technological assistance; or 39
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(c) The respondent is a minor who has received proper notice and 1
attendance would be harmful to the minor. 2
(3) The respondent may be assisted in a hearing under RCW 3
11.130.370 by a person or persons of the respondent's choosing, 4
assistive technology, or an interpreter or translator, or a 5
combination of these supports. If assistance would facilitate the 6
respondent's participation in the hearing, but is not otherwise 7
available to the respondent, the court shall make reasonable efforts 8
to provide it. 9
(4) The respondent has a right to choose an attorney to represent 10
the respondent at a hearing under RCW 11.130.370. 11
(5) At a hearing under RCW 11.130.370, the respondent may:12
(a) Present evidence and subpoena witnesses and documents;13
(b) Examine witnesses, including any court-appointed evaluator 14
and the visitor; and 15
(c) Otherwise participate in the hearing. 16
(6) Unless excused by the court for good cause, a proposed 17
conservator shall attend a hearing under RCW 11.130.370.18
(7) A hearing under RCW 11.130.370 must be closed on request of 19
the respondent and a showing of good cause. 20
(8) Any person may request to participate in a hearing under RCW 21
11.130.370. The court may grant the request, with or without a 22
hearing, on determining that the best interest of the respondent will 23
be served. The court may impose appropriate conditions on the 24
person's participation. 25
Sec. 19. RCW 11.130.410 and 2020 c 312 s 213 are each amended to 26
read as follows: 27
(1) The existence of a proceeding for or the existence of 28
conservatorship is a matter of public record unless the court seals 29
the record after: 30
(a) The respondent, the individual subject to conservatorship, or 31
the parent of a minor subject to conservatorship requests the record 32
be sealed; and 33
(b) Either: 34
(i) The petition for conservatorship is dismissed; or35
(ii) The conservatorship is terminated. 36
(2) An individual subject to a proceeding for a conservatorship, 37
whether or not a conservator is appointed, an attorney designated by 38
the individual, and a person entitled to notice under RCW 39
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11.130.420(6) or a subsequent order may access court records of the 1
proceeding and resulting conservatorship, including the conservator's 2
plan under RCW 11.130.510 and the conservator's report under RCW 3
11.130.530. A person not otherwise entitled access to court records 4
under this section for good cause may petition the court for access 5
to court records of the conservatorship, including the conservator's 6
plan and report. The court shall grant access if access is in the 7
best interest of the respondent or individual subject to 8
conservatorship or furthers the public interest and does not endanger 9
the welfare or financial interests of the respondent or individual.10
(3) A report under RCW 11.130.380 of a court visitor or 11
professional evaluation under RCW 11.130.390 is confidential and must 12
be sealed on filing, but is available to: 13
(a) The court; 14
(b) The individual who is the subject of the report or 15
evaluation, without limitation as to use; 16
(c) The petitioner, court visitor, petitioner's and respondent's 17
attorneys, and proposed guardians and conservators and their 18
attorneys, for purposes of the proceeding; 19
(d) Unless the court directs otherwise, an agent appointed under 20
a power of attorney for finances in which the respondent is 21
identified as the principal; and 22
(e) Any other person if it is in the public interest or for a 23
purpose the court orders for good cause. 24
Sec. 20. RCW 11.130.420 and 2020 c 312 s 215 are each amended to 25
read as follows: 26
(1) A court order appointing a conservator for a minor must 27
include findings to support appointment of a conservator and, if a 28
full conservatorship is granted, the reason a limited conservatorship 29
would not meet the identified needs of the minor. 30
(2) A court order appointing a conservator for a minor may 31
dispense with the requirement for the conservator to file reports 32
with the court under RCW 11.130.530 if all the property of the minor 33
subject to the conservatorship is protected by a verified receipt.34
(3) A court order appointing a conservator for an adult must:35
(a) Include a specific finding that clear and convincing evidence 36
has established that the identified needs of the respondent cannot be 37
met by a protective arrangement instead of conservatorship or other 38
less restrictive alternatives, including use of appropriate 39
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supportive services, technological assistance, or supported decision 1
making; and 2
(b) Include a specific finding that clear and convincing evidence 3
established the respondent was given proper notice of the hearing on 4
the petition. 5
(4) A court order establishing a full conservatorship for an 6
adult must state the basis for granting a full conservatorship and 7
include specific findings to support the conclusion that a limited 8
conservatorship would not meet the functional needs of the adult.9
(5) A court order establishing a limited conservatorship must 10
state the specific property placed under the control of the 11
conservator and the powers granted to the conservator.12
(6) The court, as part of an order establishing a 13
conservatorship, shall identify any person that subsequently is 14
entitled to: 15
(a) Notice of the rights of the individual subject to 16
conservatorship under RCW 11.130.425(((2))) (1); 17
(b) Notice of a sale of or surrender of a lease to the primary 18
dwelling of the individual; 19
(c) Notice that the conservator has delegated a power that 20
requires court approval under RCW 11.130.435 or substantially all 21
powers of the conservator; 22
(d) Notice that the conservator will be unavailable to perform 23
the conservator's duties for more than one month; 24
(e) A copy of the conservator's plan under RCW 11.130.510 and the 25
conservator's report under RCW 11.130.530; 26
(f) Access to court records relating to the conservatorship;27
(g) Notice of a transaction involving a substantial conflict 28
between the conservator's fiduciary duties and personal interests;29
(h) Notice of the death or significant change in the condition of 30
the individual; 31
(i) Notice that the court has limited or modified the powers of 32
the conservator; and 33
(j) Notice of the removal of the conservator. 34
(7) If an individual subject to conservatorship is an adult, the 35
spouse, domestic partner, and adult children of the adult subject to 36
conservatorship are entitled under subsection (6) of this section to 37
notice unless the court orders otherwise based on good cause. Good 38
cause includes the court's determination that notice would be 39
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contrary to the preferences or prior directions of the adult subject 1
to conservatorship. 2
(8) If an individual subject to conservatorship is a minor, each 3
parent and adult sibling of the minor is entitled under subsection 4
(6) of this section to notice unless the court determines notice 5
would not be in the best interest of the minor. 6
(9) All orders establishing a conservatorship for an adult must 7
contain: 8
(a) A conservatorship summary placed directly below the case 9
caption or on a separate cover page in the form or substantially the 10
same form as set forth in RCW 11.130.665; 11
(b) The date which the limited conservator or conservator must 12
file the conservator's plan under RCW 11.130.510; 13
(c) The date which the limited conservator or conservator must 14
file an inventory under RCW 11.130.515; 15
(d) ((The)) A determination of whether the plan must be reviewed, 16
and if so, the date by which the court will review the conservator's 17
plan as required by RCW 11.130.510; 18
(e) The report interval which the conservator must file its 19
report under RCW 11.130.530. The report interval may be annual, 20
biennial, or triennial; 21
(f) The date the limited conservator or conservator must file its 22
report under RCW 11.130.530. The due date of the filing of the report 23
shall be within ((ninety)) 90 days after the anniversary date of the 24
appointment; 25
(g) The date for the court to review the report under RCW 26
11.130.530 and enter its order. The court shall conduct the review 27
within ((one hundred twenty )) 120 days after the anniversary date of 28
the appointment; and29
(h) The date on which the original letters of office shall 30
expire, which date shall be 180 days after the anniversary date of 31
appointment. 32
Sec. 21. RCW 11.130.425 and 2024 c 267 s 10 are each amended to 33
read as follows: 34
(1) Not later than ((thirty)) 14 days after appointment of a 35
conservator under RCW 11.130.420, the conservator shall give to the 36
individual subject to conservatorship and any other person entitled 37
to notice under RCW 11.130.420 (6) and (7) a copy of the order of 38
appointment and a statement of the rights of the individual subject 39
p. 33 SB 5837
to conservatorship and procedures to seek relief if the individual is 1
denied those rights. The statement must be in plain language, in at 2
least ((sixteen)) 16-point font, and to the extent feasible, in a 3
language in which the individual subject to conservatorship is 4
proficient. The statement must notify the individual subject to 5
conservatorship of the right to: 6
(a) Seek termination or modification of the conservatorship, or 7
removal of the conservator, and choose an attorney to represent the 8
individual in these matters; 9
(b) Participate in decision making to the extent reasonably 10
feasible; 11
(c) Receive a copy of the conservator's plan under RCW 12
11.130.510, the conservator's inventory under RCW 11.130.515, and the 13
conservator's report under RCW 11.130.530; and 14
(d) Object to the conservator's inventory, plan, or report.15
(2) If a conservator is appointed for the reasons stated in RCW 16
11.130.360(2)(a)(ii) and the individual subject to conservatorship is 17
missing, notice under this section to the individual is not required.18
Sec. 22. RCW 11.130.605 and 2020 c 312 s 311 are each amended to 19
read as follows: 20
(1) On filing of a petition under RCW 11.130.580 for a protective 21
arrangement instead of guardianship, the court shall appoint a court 22
visitor. The court visitor must be an individual with training or 23
experience in the type of abilities, limitations, and needs alleged 24
in the petition. 25
(2) On filing of a petition under RCW 11.130.580 for a protective 26
arrangement instead of conservatorship for a minor, the court may 27
appoint a court visitor to investigate a matter related to the 28
petition or inform the minor or a parent of the minor about the 29
petition or a related matter. 30
(3) On filing of a petition under RCW 11.130.580 or a protective 31
arrangement instead of conservatorship for an adult, the court shall 32
appoint a court visitor unless the respondent is represented by an 33
attorney appointed by the court. The court visitor must be an 34
individual with training or experience in the types of abilities, 35
limitations, and needs alleged in the petition. 36
(4) The court, in the order appointing a court visitor, shall 37
specify the hourly rate the court visitor may charge for his or her 38
services, and shall specify the maximum amount the court visitor may 39
p. 34 SB 5837
charge without additional court review and approval. The fee shall be 1
charged to the person subject to a guardianship, conservatorship, or 2
other protective arrangement proceeding unless the court finds that 3
such payment would result in substantial hardship upon such person, 4
in which case the county shall be responsible for such costs: 5
PROVIDED, That the court may charge such fee to the petitioner, the 6
person subject to a guardianship or conservatorship proceeding, or 7
any person who has appeared in the action; or may allocate the fee, 8
as it deems just. If the petition is found to be frivolous or not 9
brought in good faith, the court visitor fee shall be charged to the 10
petitioner. The court shall not be required to provide for the 11
payment of a fee to any salaried employee of a public agency.12
(5)(a) The court visitor appointed under subsection (1) or (3) of 13
this section shall within five days of receipt of notice of 14
appointment file with the court and serve, either personally or by 15
((certified)) first-class mail ((with return receipt )), the 16
respondent or his or her legal counsel, the petitioner or his or her 17
legal counsel, and any interested party entitled to notice under RCW 18
11.130.080 with a statement including: His or her training relating 19
to the duties as a court visitor; his or her criminal history as 20
defined in RCW 9.94A.030 for the period covering ((ten)) 10 years 21
prior to the appointment; his or her hourly rate, if compensated; 22
whether the court visitor has had any contact with a party to the 23
proceeding prior to his or her appointment; and whether he or she has 24
an apparent conflict of interest. Within three days of the later of 25
the actual service or filing of the court visitor's statement, any 26
party may set a hearing and file and serve a motion for an order to 27
show cause why the court visitor should not be removed for one of the 28
following three reasons: 29
(i) Lack of expertise necessary for the proceeding;30
(ii) An hourly rate higher than what is reasonable for the 31
particular proceeding; or 32
(iii) A conflict of interest. 33
(b) Notice of the hearing shall be provided to the court visitor 34
and all parties. If, after a hearing, the court enters an order 35
replacing the court visitor, findings shall be included, expressly 36
stating the reasons for the removal. If the court visitor is not 37
removed, the court has the authority to assess to the moving party 38
attorneys' fees and costs related to the motion. The court shall 39
assess attorneys' fees and costs for frivolous motions.40
p. 35 SB 5837
(6) A court visitor appointed under subsection (1) or (3) of this 1
section shall interview the respondent in person and in a manner the 2
respondent is best able to understand: 3
(a) Explain to the respondent the substance of the petition, the 4
nature, purpose, and effect of the proceeding, and the respondent's 5
rights at the hearing on the petition; 6
(b) Determine the respondent's views with respect to the order 7
sought; 8
(c) Inform the respondent that all costs and expenses of the 9
proceeding, including respondent's attorneys' fees, may be paid from 10
the respondent's assets; 11
(d) If the petitioner seeks an order related to the dwelling of 12
the respondent, visit the respondent's present dwelling and any 13
dwelling in which it is reasonably believed the respondent will live 14
if the order is granted; 15
(e) If a protective arrangement instead of guardianship is 16
sought, obtain information from any physician or other person known 17
to have treated, advised, or assessed the respondent's relevant 18
physical or mental condition; 19
(f) If a protective arrangement instead of conservatorship is 20
sought, review financial records of the respondent, if relevant to 21
the court visitor's recommendation under subsection (7)(b) of this 22
section; and 23
(g) Investigate the allegations in the petition and any other 24
matter relating to the petition the court directs.25
(7) A court visitor under subsection (1), (2), or (3) of this 26
section promptly shall file a report in a record with the court and 27
provide a copy of the report to the respondent, petitioner, and any 28
interested party entitled to notice under RCW 11.130.580 (1) through 29
(3), at least ((fifteen)) 15 days prior to the hearing on the 30
petition filed under RCW 11.130.585, 11.130.590, or 11.130.595, which 31
must include: 32
(a) To the extent relevant to the order sought, a summary of 33
self-care, independent living tasks, and financial management tasks 34
the respondent: 35
(i) Can manage without assistance or with existing supports;36
(ii) Could manage with the assistance of appropriate supportive 37
services, technological assistance, or supported decision making; and38
(iii) Cannot manage; 39
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(b) A recommendation regarding the appropriateness of the 1
protective arrangement sought and whether a less restrictive 2
alternative for meeting the respondent's needs is available;3
(c) If the petition seeks to change the physical location of the 4
dwelling of the respondent, a statement whether the proposed dwelling 5
meets the respondent's needs and whether the respondent has expressed 6
a preference as to the respondent's dwelling; 7
(d) A statement whether the respondent declined a professional 8
evaluation under RCW 11.130.615 and what other information is 9
available to determine the respondent's needs and abilities without 10
the professional evaluation; 11
(e) A statement whether the respondent is able to attend a 12
hearing at the location court proceedings typically are held;13
(f) A statement whether the respondent is able to participate in 14
a hearing and which identifies any technology or other form of 15
support that would enhance the respondent's ability to participate; 16
and 17
(g) Any other matter the court directs. 18
Sec. 23. RCW 11.130.610 and 2020 c 312 s 318 are each amended to 19
read as follows: 20
(1)(a) The respondent shall have the right to be represented by a 21
willing attorney of their choosing at any stage in protective 22
arrangement proceedings. Any attorney purporting to represent a 23
respondent or person subject to a protective arrangement shall 24
petition the court to be appointed to represent the respondent or 25
person subject to a protective arrangement. 26
(b) Unless the respondent in a proceeding under this article is 27
represented by an attorney, the court ((is not required, but may )) 28
must appoint an attorney to represent the respondent, regardless of 29
the respondent's ability to pay, ((except as provided otherwise in 30
(c) of this subsection )) when the respondent objects to the petition 31
or requests appointment of an attorney to the court visitor.32
(c)(i) ((The court must appoint an attorney to represent the 33
respondent at public expense when either )) If an attorney is 34
appointed for the respondent pursuant to (b) or (c)(ii) of this 35
subsection, the attorney shall be appointed at public expense when:36
(A) The respondent is unable to afford an attorney;37
(B) The expense of an attorney would result in substantial 38
hardship to the respondent; or 39
p. 37 SB 5837
(C) The respondent does not have practical access to funds with 1
which to pay an attorney. If the respondent can afford an attorney 2
but lacks practical access to funds, the court must provide an 3
attorney and may impose a reimbursement requirement as part of a 4
final order. 5
(ii) When, in the opinion of the court, the rights and interests 6
of the respondent cannot otherwise be adequately protected and 7
represented, the court on its own motion must appoint an attorney at 8
any time to represent the respondent. 9
(iii) The court visitor, under the requirements of RCW 10
11.130.280(5), will advise the court of the need for appointment of 11
counsel for the respondent within five court days after the meeting 12
with the respondent.13
(iv) An attorney must be provided under this subsection (1)(c) as 14
soon as practicable after a petition is filed and long enough before 15
any final hearing to allow adequate time for consultation and 16
preparation. Absent a convincing showing in the record to the 17
contrary, a period of less than three weeks is presumed by a 18
reviewing court to be inadequate time for consultation and 19
preparation. 20
(2) An attorney representing the respondent in a proceeding under 21
this article shall: 22
(a) Make reasonable efforts to ascertain the respondent's wishes;23
(b) Advocate for the respondent's wishes to the extent reasonably 24
ascertainable; and 25
(c) If the respondent's wishes are not reasonably ascertainable, 26
advocate for the result that is the least restrictive alternative in 27
type, duration, and scope, consistent with the respondent's 28
interests. 29
(3) The court is not required, but may appoint an attorney to 30
represent a parent of a minor who is the subject of a proceeding 31
under this article if: 32
(a) The parent objects to the entry of an order for a protective 33
arrangement instead of guardianship or conservatorship;34
(b) The court determines that counsel is needed to ensure that 35
consent to the entry of an order for a protective arrangement is 36
informed; or 37
(c) The court otherwise determines the parent needs 38
representation. 39
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Sec. 24. RCW 11.130.620 and 2019 c 437 s 509 are each amended to 1
read as follows: 2
(1) Except as otherwise provided in subsection (2) of this 3
section, a hearing under this article may not proceed unless the 4
respondent attends the hearing. If it is not reasonably feasible for 5
the respondent to attend a hearing at the location court proceedings 6
typically are held, the court shall make reasonable efforts to hold 7
the hearing at an alternative location convenient to the respondent 8
or allow the respondent to attend the hearing using real-time 9
audiovisual technology. 10
(2) A hearing under this article may proceed without the 11
respondent in attendance if the court finds by clear and convincing 12
evidence that: 13
(a) The respondent ((consistently and repeatedly)) has refused to 14
attend the hearing after having been fully informed of the right to 15
attend and the potential consequences of failing to do so;16
(b) There is no practicable way for the respondent to attend and 17
participate in the hearing even with appropriate supportive services 18
and technological assistance; or 19
(c) The respondent is a minor who has received proper notice and 20
attendance would be harmful to the minor. 21
(3) The respondent may be assisted in a hearing under this 22
article by a person or persons of the respondent's choosing, 23
assistive technology, or an interpreter or translator, or a 24
combination of these supports. If assistance would facilitate the 25
respondent's participation in the hearing, but is not otherwise 26
available to the respondent, the court shall make reasonable efforts 27
to provide it. 28
(4) The respondent has a right to choose an attorney to represent 29
the respondent at a hearing under this article. 30
(5) At a hearing under this article, the respondent may:31
(a) Present evidence and subpoena witnesses and documents;32
(b) Examine witnesses, including any court-appointed evaluator 33
and the visitor; and 34
(c) Otherwise participate in the hearing. 35
(6) A hearing under this article must be closed on request of the 36
respondent and a showing of good cause. 37
(7) Any person may request to participate in a hearing under this 38
article. The court may grant the request, with or without a hearing, 39
on determining that the best interests of the respondent will be 40
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served. The court may impose appropriate conditions on the person's 1
participation. 2
Sec. 25. RCW 11.130.630 and 2019 c 437 s 511 are each amended to 3
read as follows: 4
(1) The existence of a proceeding for or the existence of a 5
protective arrangement instead of guardianship or conservatorship is 6
a matter of public record unless the court seals the record after:7
(a) The respondent, the individual subject to the protective 8
arrangement, or the parent of a minor subject to the protective 9
arrangement requests the record be sealed; and 10
(b) Either: 11
(i) The proceeding is dismissed; 12
(ii) The protective arrangement is no longer in effect; or13
(iii) An act authorized by the order granting the protective 14
arrangement has been completed. 15
(2) A respondent, an individual subject to a protective 16
arrangement instead of guardianship or conservatorship, an attorney 17
designated by the respondent or individual, a parent of a minor 18
subject to a protective arrangement, and any other person the court 19
determines are entitled to access court records of the proceeding and 20
resulting protective arrangement. A person not otherwise entitled 21
access to court records under this subsection for good cause may 22
petition the court for access. The court shall grant access if access 23
is in the best interest of the respondent or individual subject to 24
the protective arrangement or furthers the public interest and does 25
not endanger the welfare or financial interests of the respondent or 26
individual. 27
(3) A report of a visitor or professional evaluation generated in 28
the course of a proceeding under this article must be sealed on 29
filing but is available to: 30
(a) The court; 31
(b) The individual who is the subject of the report or 32
evaluation, without limitation as to use; 33
(c) The petitioner, visitor, ((and)) petitioner's and 34
respondent's attorneys , and proposed guardians and conservators and 35
their attorneys, for purposes of the proceeding; 36
(d) Unless the court orders otherwise, an agent appointed under a 37
power of attorney for finances in which the respondent is the 38
principal; 39
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(e) If the order is for a protective arrangement instead of 1
guardianship and unless the court orders otherwise, an agent 2
appointed under a power of attorney for health care in which the 3
respondent is identified as the principal; and 4
(f) Any other person if it is in the public interest or for a 5
purpose the court orders for good cause. 6
Sec. 26. RCW 11.130.730 and 2020 c 312 s 607 are each amended to 7
read as follows: 8
The following are disqualified from acting as a supporter:9
(1) A person who is an employer or employee of the adult with a 10
disability, unless the person is ((an)): (a) An immediate family 11
member of the adult with a disability ; or (b) a certified 12
professional guardian and conservator or certified professional 13
guardian and conservator agency; 14
(2) A person directly providing paid support services to the 15
adult with a disability, unless the person is an immediate family 16
member of the adult with a disability; and 17
(3) An individual against whom the person with a disability has 18
obtained an order of protection from abuse, or an individual who is 19
the subject of a civil or criminal order prohibiting contact with the 20
adult with a disability. 21
Sec. 27. RCW 11.130.750 and 2020 c 312 s 611 are each amended to 22
read as follows: 23
(1) A person who receives the original or a copy of a supported 24
decision-making agreement shall rely on the agreement.25
(2) A person is not subject to criminal or civil liability and 26
has not engaged in professional misconduct for an act or omission if 27
the act or omission is done in good faith and in reliance on a 28
supported decision-making agreement. 29
(3) A person who is asked to accept an acknowledged supported 30
decision-making agreement may request, and rely upon without further 31
investigation, a supporter's certification given under penalty of 32
perjury meeting the following requirements:33
(a) The person presenting themselves as the supporter and signing 34
the affidavit or declaration is the person so named in the supported 35
decision-making agreement;36
(b) To the best of the supporter's knowledge, the principal is 37
still alive;38
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(c) To the best of the supporter's knowledge, at the time the 1
supported decision-making agreement was signed, the principal was 2
competent to execute the document and was not under undue influence 3
to sign the document;4
(d) The supporter does not have actual knowledge of the 5
revocation, termination, limitation, or modification of the supported 6
decision-making agreement or of the supporter's authority; and7
(e) The supporter is acting in good faith pursuant to the 8
authority given under the supported decision-making agreement.9
(4) Except as otherwise provided in subsection (5) of this 10
section:11
(a) If a person requests a certification, the person shall accept 12
the supported decision-making agreement no later than five business 13
days after receipt of the certification; and14
(b) A person may not require an additional or different form of 15
supported decision-making agreement for authority granted in the 16
supported decision-making agreement presented.17
(5) A person is not required to accept an acknowledged supported 18
decision-making agreement if:19
(a) The person is not otherwise required to engage in a 20
transaction with the principal in the same circumstances;21
(b) Engaging in a transaction with the supporter or the principal 22
in the same circumstances would be inconsistent with federal law;23
(c) The person has actual knowledge of the termination of the 24
supporter's authority or of the supported decision-making agreement 25
before exercise of the power;26
(d) A request for a certification is refused;27
(e) The person in good faith believes that the power is not valid 28
or that the supporter does not have the authority to perform the act 29
requested, whether or not a certification has been requested or 30
provided; or31
(f) The person makes, or has actual knowledge that another person 32
has made, a report to the department of social and health services 33
stating a good faith belief that the principal may be subject to 34
physical or financial abuse, neglect, exploitation, or abandonment by 35
the supporter or a person acting for or with the supporter.36
(6) A person who refuses in violation of this section to accept 37
an acknowledged supported decision-making agreement is subject to:38
(a) A court order mandating acceptance of the supported decision-39
making agreement; and40
p. 42 SB 5837
(b) Liability for reasonable attorneys' fees and costs incurred 1
in any action or proceeding that confirms the validity of the 2
supported decision-making agreement or mandates acceptance of the 3
supported decision-making agreement.4
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p. 43 SB 5837