GUARDIANSHIP LEGISLATION
“No person’s life, liberty, or property is safe while the legislature is in session.” According to Wikiquotes, this quote belongs to Judge Gideon Tucker in the case of the Final Accounting of the Estate of A.B. 1 Tucker 248 (N.Y.Surr. 1866). Tucker was a surrogate judge handling probate and guardianship cases in New York State. Trivia: according to Wikipedia, Tucker was also the founder of the New York Daily News.
The 2011 Washington State Legislature adjourned without acting on two bills described below. They could be considered in the January 2012 session or maybe earlier if there is a special session. CONTACT YOUR LEGISLATOR.
SB 5740 – The“predatory guardians” bill.
There are Senate and House versions. Here are some of the highlights from one or both versions:
- Requiring guardians to send quarterly accountings to those who request them
- Providing for removal of guardians who intentionally falsify accounts or reports
- Defining the burden of proof for applications and hearings on orders to show cause to modify the guardianship
- Advance notice of the name of the guardian to be appointed prior to hearing
- General information about guardianships should be provided by the court to the person filing a petition and should be published online
- Requiring disclosure by guardians ad litem of conflicts or appearance of conflicts of interest
SB 5819 – Additional reporting requirements.
This bill passed the House and in the Senate Rules Committee, one step away from floor action. It imposes additional reporting requirements on guardians. Under the bill they would be required to report efforts undertaken to:
- to identify and secure employment of the
- to ensure residential placement is the least restrictive alternative, including detailed explanations about current and alternative residential placements.
NEW GUARDIANSHIP LEGISLATION
New bills can be introduced in any upcoming session, including any special session.
Hot Tip: Bills may be introduced concerning guardians ad litem and guardian reporting requirements for small estates.
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