CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5825
Chapter 267, Laws of 2024
68th Legislature
2024 Regular Session
GUARDIANSHIP AND CONSERVATORSHIP—VARIOUS PROVISIONS
EFFECTIVE DATE: June 6, 2024
Passed by the Senate March 4, 2024 CERTIFICATE
Yeas 49 Nays 0
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SECOND SUBSTITUTE
SENATE BILL 5825 as passed by the
Senate and the House of
Representatives on the dates hereon
Passed by the House February 29, 2024 set forth.
Yeas 96 Nays 0
SARAH BANNISTER
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved March 26, 2024 9:34 AM FILED
March 27, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SECOND SUBSTITUTE SENATE BILL 5825
AS AMENDED BY THE HOUSE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By Senate Ways & Means (originally sponsored by Senators Pedersen and
Padden)
READ FIRST TIME 02/05/24.
1 AN ACT Relating to guardianship and conservatorship; amending RCW
2 11.130.090, 11.130.100, 11.130.270, 11.130.280, 11.130.315,
3 11.130.320, 11.130.345, 11.130.365, 11.130.380, 11.130.425,
4 11.130.430, 11.130.435, and 11.130.530; adding new sections to
5 chapter 11.130 RCW; and adding new sections to chapter 2.72 RCW.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 Sec. 1. RCW 11.130.090 and 2019 c 437 s 118 are each amended to
8 read as follows:
9 (1) Any suitable person over the age of ((twenty-one)) 21 years,
10 or any parent under the age of ((twenty-one)) 21 years or, if the
11 petition is for appointment of a professional guardian or
12 conservator, any individual or guardianship or conservatorship
13 service that meets any certification requirements established by the
14 administrator for the courts, may, if not otherwise disqualified, be
15 appointed guardian or conservator of a person subject to
16 guardianship, conservatorship, or both. A financial institution
17 subject to the jurisdiction of the department of financial
18 institutions and authorized to exercise trust powers, and a federally
19 chartered financial institution when authorized to do so, may be
20 appointed to act as a guardian or conservator of a person subject to
21 guardianship, conservatorship, or both without having to meet the
p. 1 2SSB 5825.SL
 1 certification requirements established by the administrator for the
2 courts. No person is qualified to serve as a guardian or conservator
3 who is:
4 (a) Under ((eighteen)) 18 years of age except as otherwise
5 provided herein;
6 (b)(i) Except as provided otherwise in (b)(ii) of this
7 subsection, convicted of a crime involving dishonesty, neglect, or
8 use of physical force or other crime relevant to the functions the
9 individual would assume as guardian;
10 (ii) A court may, upon consideration of the facts, find that a
11 relative convicted of a crime is qualified to serve as a guardian or
12 conservator;
13 (c) A nonresident of this state who has not appointed a resident
14 agent to accept service of process in all actions or proceedings with
15 respect to the estate and caused such appointment to be filed with
16 the court;
17 (d) A corporation not authorized to act as a fiduciary, guardian,
18 or conservator in the state;
19 (e) A person whom the court finds unsuitable.
20 (2) If a guardian, or conservator is not a certified professional
21 guardian, conservator, or financial institution authorized under this
22 section, the guardian or conservator must complete any standardized
23 training video or web cast for lay guardians or conservators made
24 available by the administrative office of the courts and the superior
25 court where the petition is filed unless granted a waiver by the
26 court. The training video or web cast must be provided at no cost to
27 the guardian, or conservator.
28 (a) If a petitioner requests the appointment of a specific
29 individual to act as a guardian or conservator, the petition for
30 guardianship or conservatorship must include evidence of the
31 successful completion of the required training video or web cast by
32 the proposed guardian or conservator. The superior court may defer
33 the completion of the training requirement to a date no later than
34 ninety days after appointment if the petitioner requests expedited
35 appointment due to emergent circumstances.
36 (b) If no person is identified to be appointed guardian or
37 conservator at the time the petition is filed, then the court must
38 require that the petitioner identify within ((fourteen)) 30 days from
39 the filing of the petition a specific individual to act as guardian
40 or conservator subject to the training requirements set forth herein.
p. 2 2SSB 5825.SL
1 If the petitioner fails to identify a guardian or conservator within
2 30 days of filing, the court shall dismiss the guardianship or
3 conservatorship.
4 Sec. 2. RCW 11.130.100 and 2020 c 312 s 304 are each amended to
5 read as follows:
6 (1) Unless otherwise compensated or reimbursed, an attorney for a
7 respondent in a proceeding under this chapter is entitled to
8 reasonable compensation for services and reimbursement of reasonable
9 expenses from the property of the respondent.
10 (2) Unless otherwise compensated or reimbursed, an attorney, or
11 other person whose services resulted in an order beneficial to an
12 individual subject to guardianship or conservatorship or for whom a
13 protective arrangement under Article 5 of this chapter was ordered,
14 is entitled to reasonable compensation for services and reimbursement
15 of reasonable expenses from the property of the individual.
16 (3) Where the person subject to guardianship or conservatorship
17 is a department of social and health services client, or health care
18 authority client, and is required to contribute a portion of their
19 income towards the cost of long-term care services or room and board,
20 the amount of compensation or reimbursement shall not exceed the
21 amount allowed by the department of social and health services or
22 health care authority by rule.
23 (4) Where the person subject to guardianship or conservatorship
24 receives guardianship, conservatorships, or other protective services
25 from the office of public guardianship, the amount of compensation or
26 reimbursement shall not exceed the amount allowed by the office of
27 public guardianship.
28 (5) The court must approve compensation and expenses payable
29 under this section before payment. Approval is not required before a
30 service is provided or an expense is incurred.
31 (6) If the court dismisses a petition under this chapter and
32 determines the petition was filed in bad faith, the court may assess
33 the cost of any court-ordered professional evaluation, court-
34 appointed attorney, or court visitor against the petitioner.
35 Sec. 3. RCW 11.130.270 and 2019 c 437 s 302 are each amended to
36 read as follows:
p. 3 2SSB 5825.SL
 1 (1) A person interested in an adult's welfare, including the
2 adult for whom the order is sought, may petition for appointment of a
3 guardian for the adult.
4 (2) A person interested in the welfare of a minor who, within 45
5 days of the filing of the petition, will attain the age of majority,
6 may petition for appointment of a guardian for the minor. The minor
7 may petition on the minor's own behalf.
8 (3) A petition under subsection (1) or (2) of this section must
9 state the petitioner's name, principal residence, current street
10 address, if different, relationship to the respondent, interest in
11 the appointment, the name and address of any attorney representing
12 the petitioner, and, to the extent known, the following:
13 (a) The respondent's name, age, principal residence, current
14 street address, if different, and, if different, address of the
15 dwelling in which it is proposed the respondent will reside if the
16 petition is granted;
17 (b) The name and address of the respondent's:
18 (i) Spouse or domestic partner or, if the respondent has none, an
19 adult with whom the respondent has shared household responsibilities
20 for more than six months in the ((twelve)) 12-month period
21 immediately before the filing of the petition;
22 (ii) Adult children or, if none, each parent and adult sibling of
23 the respondent, or, if none, at least one adult nearest in kinship to
24 the respondent who can be found with reasonable diligence; ((and))
25 (iii) Adult stepchildren whom the respondent actively parented
26 during the stepchildren's minor years and with whom the respondent
27 had an ongoing relationship in the two-year period immediately before
28 the filing of the petition; and
29 (iv) Parents, if living and involved in the respondent's life;
30 (c) The name and current address of each of the following, if
31 applicable:
32 (i) A person responsible for care of the respondent;
33 (ii) Any attorney currently representing the respondent;
34 (iii) Any representative payee appointed by the social security
35 administration for the respondent;
36 (iv) A guardian or conservator acting for the respondent in this
37 state or in another jurisdiction;
38 (v) A trustee or custodian of a trust or custodianship of which
39 the respondent is a beneficiary;
p. 4 2SSB 5825.SL
 1 (vi) Any fiduciary for the respondent appointed by the department
2 of veterans affairs;
3 (vii) An agent designated under a power of attorney for health
4 care in which the respondent is identified as the principal;
5 (viii) An agent designated under a power of attorney for finances
6 in which the respondent is identified as the principal;
7 (ix) A person nominated as guardian by the respondent;
8 (x) A person nominated as guardian by the respondent's parent or
9 spouse or domestic partner in a will or other signed record;
10 (xi) A proposed guardian and the reason the proposed guardian
11 should be selected; and
12 (xii) A person known to have routinely assisted the respondent
13 with decision making during the six months immediately before the
14 filing of the petition;
15 (d) The reason a guardianship is necessary, including a brief
16 description of:
17 (i) The nature and extent of the respondent's alleged need;
18 (ii) Any protective arrangement instead of guardianship or other
19 less restrictive alternatives for meeting the respondent's alleged
20 need which have been considered or implemented;
21 (iii) If no protective arrangement instead of guardianship or
22 other less restrictive alternatives have been considered or
23 implemented, the reason they have not been considered or implemented;
24 and
25 (iv) The reason a protective arrangement instead of guardianship
26 or other less restrictive alternative is insufficient to meet the
27 respondent's alleged need;
28 (e) Whether the petitioner seeks a limited guardianship or full
29 guardianship;
30 (f) If the petitioner seeks a full guardianship, the reason a
31 limited guardianship or protective arrangement instead of
32 guardianship is not appropriate;
33 (g) If a limited guardianship is requested, the powers to be
34 granted to the guardian;
35 (h) The name and current address, if known, of any person with
36 whom the petitioner seeks to limit the respondent's contact;
37 (i) If the respondent has property other than personal effects, a
38 general statement of the respondent's property, with an estimate of
39 its value, including any insurance or pension, and the source and
40 amount of other anticipated income or receipts; and
p. 5 2SSB 5825.SL
 1 (j) Whether the respondent needs an interpreter, translator, or
2 other form of support to communicate effectively with the court or
3 understand court proceedings.
4 Sec. 4. RCW 11.130.280 and 2020 c 312 s 309 are each amended to
5 read as follows:
6 (1) On receipt of a petition under RCW 11.130.270 for appointment
7 of a guardian for an adult, the court shall appoint a court visitor.
8 The court visitor must be an individual with training or experience
9 in the type of abilities, limitations, and needs alleged in the
10 petition.
11 (2) The court, in the order appointing a court visitor, shall
12 specify the hourly rate the court visitor may charge for his or her
13 services, and shall specify the maximum amount the court visitor may
14 charge without additional court review and approval. The fee shall be
15 charged to the person subject to a guardianship or conservatorship
16 proceeding unless the court finds that such payment would result in
17 substantial hardship upon such person, in which case the county shall
18 be responsible for such costs: PROVIDED, That the court may charge
19 such fee to the petitioner, the person subject to a guardianship or
20 conservatorship proceeding, or any person who has appeared in the
21 action; or may allocate the fee, as it deems just. If the petition is
22 found to be frivolous or not brought in good faith, the court visitor
23 fee shall be charged to the petitioner. The court shall not be
24 required to provide for the payment of a fee to any salaried employee
25 of a public agency.
26 (3)(a) The court visitor appointed under subsection (1) of this
27 section shall within five days of receipt of notice of appointment
28 file with the court and serve, either personally or by certified mail
29 with return receipt, the respondent or his or her legal counsel, the
30 petitioner or his or her legal counsel, and any interested party
31 entitled to notice under RCW 11.130.080 with a statement including:
32 His or her training relating to the duties as a court visitor; his or
33 her criminal history as defined in RCW 9.94A.030 for the period
34 covering ((ten)) 10 years prior to the appointment; his or her hourly
35 rate, if compensated; whether the court visitor has had any contact
36 with a party to the proceeding prior to his or her appointment; and
37 whether he or she has an apparent conflict of interest. Within three
38 days of the later of the actual service or filing of the court
39 visitor's statement, any party may set a hearing and file and serve a
p. 6 2SSB 5825.SL
 1 motion for an order to show cause why the court visitor should not be
2 removed for one of the following three reasons:
3 (i) Lack of expertise necessary for the proceeding;
4 (ii) An hourly rate higher than what is reasonable for the
5 particular proceeding; or
6 (iii) A conflict of interest.
7 (b) Notice of the hearing shall be provided to the court visitor
8 and all parties. If, after a hearing, the court enters an order
9 replacing the court visitor, findings shall be included, expressly
10 stating the reasons for the removal. If the court visitor is not
11 removed, the court has the authority to assess to the moving party
12 attorneys' fees and costs related to the motion. The court shall
13 assess attorneys' fees and costs for frivolous motions.
14 (4) A court visitor appointed under subsection (1) of this
15 section shall interview the respondent in person and, in a manner the
16 respondent is best able to understand:
17 (a) Explain to the respondent the substance of the petition, the
18 nature, purpose, and effect of the proceeding, the respondent's
19 rights at the hearing on the petition, the right to counsel of choice
20 and to a jury trial, and the general powers and duties of a guardian;
21 (b) Determine whether the respondent would like to request the
22 appointment of an attorney, and determine the respondent's views
23 about the appointment sought by the petitioner, including views about
24 a proposed guardian, the guardian's proposed powers and duties, and
25 the scope and duration of the proposed guardianship; and
26 (c) Inform the respondent that all costs and expenses of the
27 proceeding, including the respondent's attorney's fees, may be paid
28 from the respondent's assets.
29 (5) If the respondent objects to the petition or requests
30 appointment of an attorney, the court visitor shall petition the
31 court to have an attorney appointed within five days of meeting the
32 respondent.
33 (6) The court visitor appointed under subsect