SB 5837 — Concerning guardianship, conservatorship, and other protective arrangements.

The court may, upon a showing of good cause, order that information concerning the reasons for the guardianship contained in the petition, the supplemental declaration, and all subsequently filed pleadings and evidence by any party, not be served on the minor if the minor is unrepresented.

A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record;

(ii) Each known parent of the minor ((or, if there is none, the adult nearest in kinship who can be found with reasonable diligence));

(iii) Any guardian or person with nonparental custody of the minor issued under chapter 26.10 RCW;

and (iv) Any other person the court determines should receive personal service of notice;

and (b)(i) Give notice by mail or other ((action)) means reasonably calculated to give notice under RCW 11.130.065 of the date, time, and place of the hearing, together with a copy of the petition, to:

(A) Any adult with primary care and custody of the minor who is not a parent, guardian, or person with nonparental custody issued under chapter 26.10 RCW;

(B) Each person that had primary care or custody of the minor for at least ((sixty)) 60 days during the two years immediately before the filing of the petition or for at least ((seven hundred thirty)) 730 days during the five years immediately before the filing of the petition, if known;

(C) Any person nominated as guardian by the minor, if the minor is ((twelve)) 12 years of age or older;

(D) Any nominee of a parent;

(E) Each grandparent and adult sibling of the minor, if known;

(F) Any conservator acting for the minor in any jurisdiction;

and (G) Any other person the court determines.

(ii) When the court finds that a party entitled to personal service in (a) of this subsection is unable to be served, the court may allow service by alternative means including, but not limited to, mail by the United States postal service, email, text message, social media applications, or other technologies, with proof of service subsequently filed with the court detailing such service.

Such service shall be accepted as complete and has the same jurisdictional effect as service by publication.

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4 SB 5837 (iii) The court may waive notice to persons listed under (b)(i) of this subsection for good cause.

Good cause includes an allegation that giving notice may risk harm to the minor.

(((2))) (3) Notice required by subsection (((1))) (2) of this section must include a statement of the right to request appointment of an attorney for the minor or object to appointment of a guardian and a description of the nature, purpose, and consequences of appointment of a guardian.

Notice for the minor must specifically state all rights retained by the minor including the right to request counsel, the right to attend, and the right to participate and communicate with the court.

Notice for the minor must also state whether the court has entered any prior order limiting information served upon the minor, and that the minor may ask the court to reconsider the court's order at any time.

Notice for the minor must include information on how the minor can respond to the petition.

(((3))) (4) The court may not grant a petition for guardianship of a minor if notice substantially complying with subsection (((1))) (2)(a) of this section is not served on:

(a) The minor, if the minor is ((twelve)) 12 years of age or older;

and (b) Each parent of the minor, unless the court finds by clear and convincing evidence that the parent cannot with due diligence be located and served or the parent waived, in a record, the right to notice.

(((4))) (5)(a) If a petitioner is unable to serve notice under subsection (((1))) (2)(a) of this section on a parent of a minor or alleges that the parent waived, in a record, the right to notice under this section, ((and in)) the court shall appoint a court visitor or guardian ad litem who shall:

(i) Report to the court as soon as possible before the 60-day hearing:

(A) Whether the parent cannot be located with due diligence;

and (B) Whether the parent consents to the guardian for the minor;

and (ii) Investigate any other matter relating to the petition the court directs.

(b) The court visitor or guardian ad litem may assist a minor who is the sole petitioner in effecting service and notice.

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5 SB 5837 (6)(a) In all cases involving a minor ((twelve)) 12 years of age and older when the minor is unrepresented, the court shall appoint a court visitor or guardian ad litem who shall:

(((a))) (i) Interview the petitioner and the minor;

and (((b))) (ii) Meet with the minor and explain the rights retained by the minor under RCW 11.130.200 and 11.130.205 and as outlined in the notice requirements under this section.

The court visitor or guardian ad litem shall ascertain the minor's views or positions regarding the guardianship and shall file a report ((with the court regarding the minor's views or positions)) to the court, including such views or positions in the report.

If the minor wishes the court to reconsider any prior order limiting information served upon the minor, the court visitor or guardian ad litem shall inform the court of the minor's request((;

(c) If the petitioner alleges the parent cannot be located, ascertain whether the parent cannot be located with due diligence;

(d) Investigate any other matter relating to the petition the court directs;

and (e) Ascertain whether the parent consents to the guardian for the minor)).

(b) The court shall determine whether to appoint a court visitor or guardian ad litem as soon as possible after the filing of the petition.

Sec.

4.

RCW 11.130.200 and 2019 c 437 s 204 are each amended to read as follows:

(1) The court ((is not required, but)) may appoint an attorney to represent a minor who is the subject of a proceeding under RCW 11.130.190 if:

(a) Requested by the minor and the minor is ((twelve)) 12 years of age or older;

(b) Recommended by a guardian ad litem;

or (c) The court determines the minor needs representation.

The court may appoint an attorney for a minor, including in modification and termination actions, or when a minor is under age 12, as the court determines necessary.

(2) The court must appoint an attorney for a minor 12 years of age or older if the parent of the minor objects to guardianship and has an attorney, pursuant to subsection (5) or (6) of this section.

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6 SB 5837 If the sole petitioner is the minor, the court must provide an attorney for the minor upon receipt of the petition.

(3) An attorney appointed under subsection (1) of this section shall:

(a) Make a reasonable effort to ascertain the minor's wishes;

(b) Advocate for the minor's wishes to the extent reasonably ascertainable;

and (c) If the minor's wishes are not reasonably ascertainable, advocate for the minor's legal rights.

(((3))) (4) A minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the minor in the proceeding.

(((4))) (5) A parent of a minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the parent in the proceeding.

(((5))) (6) The court must appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190 if:

(a) The parent has appeared in the proceeding;

(b) The parent is indigent;

and (c) Any of the following is true:

(i) The parent objects to appointment of a guardian for the minor;

or (ii) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed;

or (iii) The court otherwise determines the parent needs representation.

(((6))) (7) The court must inquire about whether a parent is indigent to ensure that counsel is appointed ((in a timely manner)) as soon as possible after the filing of the petition.

For purposes of this section, "indigent" has the same meaning as under RCW 10.101.010.

(((7))) (8) The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190, even if the parent is not indigent, if:

(a) The parent objects to appointment of a guardian for the minor;

(b) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed;

or p.

7 SB 5837 (c) The court otherwise determines that the parent needs representation.

(((8))) (9) A party represented by an attorney in proceedings under this article, or a guardian ad litem, has the right to introduce evidence, to be heard in his or her own behalf, and to examine witnesses.

If a party to an action under this article is represented by counsel, no order may be provided to that party for signature without prior notice and provision of the order to counsel.

(10) The court is not required, but may appoint an attorney to represent a petitioner of a minor guardianship if:

(a) The petitioner is indigent as defined in RCW 10.101.010 and one or more parties contest the guardianship and have either secured or been appointed legal counsel;

(b) The court determines that such an appointment for the petitioner is necessary to support the efficiency of ongoing court proceedings and to ensure that the court has sufficient information to protect the interests of the minor;

or (c) The court otherwise determines that the petitioner needs representation.

Sec.

5.

RCW 11.130.205 and 2020 c 312 s 104 are each amended to read as follows:

(1) The court shall allow a minor who is the subject of a hearing under RCW 11.130.195 to attend the hearing, or other proceedings such as mediation or settlement conferences, and allow the minor to participate in the ((hearing)) proceedings unless the court determines that:

(a) The minor lacks the ability or maturity to participate meaningfully in the hearing;

or (b) Attendance would be harmful to the minor.

(2) Unless excused by the court for good cause, the person proposed to be appointed as guardian for a minor shall attend a hearing under RCW 11.130.195.

(3) Each parent of a minor who is the subject of a hearing under RCW 11.130.195 has the right to attend the hearing.

(4) A person may request permission to participate in a hearing under RCW 11.130.195.

The court may grant the request, with or without hearing, on determining that it is in the best interest of the minor who is the subject of the hearing.

The court may impose appropriate conditions on the person's participation.

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8 SB 5837 Sec.

6.

RCW 11.130.210 and 2022 c 243 s 7 are each amended to read as follows:

(1) Before granting any order under this chapter, the court must consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child.

(2) Before entering a final order, the court must:

(a) Direct the department of children, youth, and families to release information regarding all proposed guardians and all adult members of any proposed guardian's household ((as provided under RCW 13.50.100));

((and)) (b) Require the petitioner to provide the results of an examination of ((state and national)) criminal identification data provided by the Washington state patrol criminal identification system as described in chapter 43.43 RCW for all proposed guardians as well as all adult members of the proposed guardian's household;

and (c) When a guardianship is contested, direct the department of children, youth, and families to release information regarding parents and any party seeking custody, and all adults in their households, in regard to any minor.

Sec.

7.

RCW 11.130.215 and 2025 c 166 s 3 are each amended to read as follows:

(1) After a hearing under RCW 11.130.195, the court may appoint a guardian for a minor, if appointment is proper under RCW 11.130.185, dismiss the proceeding, or take other appropriate action consistent with this chapter or law of this state other than this chapter.

(2) In appointing a guardian under subsection (1) of this section, the following rules apply:

(a) The court shall appoint a person nominated as guardian by a parent of the minor in a probated will or other record unless the court finds the appointment is contrary to the best interest of the minor.

Any "other record" must be a declaration or other sworn document and may include a power of attorney or other sworn statement as to the care, custody, or control of the minor child.

(b) If multiple parents have nominated different persons to serve as guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that p.

9 SB 5837 appointment of none of the nominees is in the best interest of the minor.

(c) If a guardian is not appointed under (a) or (b) of this subsection, the court shall appoint the person nominated by the minor if the minor is ((twelve)) 12 years of age or older unless the court finds that appointment is contrary to the best interest of the minor.

In that case, the court shall appoint as guardian a person whose appointment is in the best interest of the minor.

(3) In the interest of maintaining or encouraging involvement by a minor's parent in the minor's life, developing self-reliance of the minor, or for other good cause, the court, at the time of appointment of a guardian for the minor or later, on its own or on motion of the minor or other interested person, may create a limited guardianship by limiting the powers otherwise granted by this article to the guardian.

Following the same procedure, the court may grant additional powers or withdraw powers previously granted.

(4) The court, as part of an order appointing a guardian for a minor, shall state rights retained by any parent of the minor, which shall preserve the parent-child relationship through an order for parent-child visitation and other contact, unless the court finds the relationship should be limited or restricted under RCW 26.09.191 or 26.09.192;

and which may include decision making regarding the minor's health care, education, or other matter, or access to a record regarding the minor.

In the absence of court-ordered restrictions, parents may participate in the care of the child, receive the child's records, be notified of the child's hospital care, and attend conferences and events at the child's school.

(5) An order granting a guardianship for a minor must state that each parent of the minor is entitled to notice that:

(a) The guardian has delegated custody of the minor subject to guardianship;

(b) The court has modified or limited the powers of the guardian;

or (c) The court has removed the guardian.

(6) An order granting a guardianship for a minor must identify any person in addition to a parent of the minor which is entitled to notice of the events listed in subsection (5) of this section.

(7) An order granting guardianship for a minor must direct the clerk of the court to issue letters of office to the guardian p.

10 SB 5837 containing an expiration date which should be the minor's ((eighteenth)) 18th birthday.

Sec.

8.

RCW 11.130.220 and 2020 c 312 s 107 are each amended to read as follows:

(1) A standby guardian appointed under this section may act as guardian, with all duties and powers of a guardian under RCW 11.130.230 and 11.130.235, when no parent of the minor is willing or able to exercise the duties and powers granted to the guardian.

(2) A parent of a minor, in a signed record, may nominate a person to be appointed by the court as standby guardian for the minor.

The parent, in a signed record, may state desired limitations on the powers to be granted the standby guardian.

The parent, in a signed record, may revoke or amend the nomination at any time before the court appoints a standby guardian.

(3)(a) The court may appoint a standby guardian for a minor on:

(((a))) (i) Petition by a parent of the minor or a person nominated under subsection (2) of this section;

and (((b))) (ii) Finding that, within two years after the appointment, no parent of the minor likely will be able or willing to perform parenting functions as defined in RCW 26.09.004.

(b) The court may extend the standby guardianship, for good cause shown, at the court's discretion.

(4) A petition under subsection (3)(a)(i) of this section must include the same information required under RCW 11.130.190 for the appointment of a guardian for a minor.

(5) On filing a petition under subsection (3)(a)(i) of this section, the petitioner shall:

(a) Serve a copy of the petition personally on:

(i) The minor, if the minor is ((twelve)) 12 years of age or older, and the minor's attorney, if any;

(ii) Each parent of the minor;

(iii) The person nominated as standby guardian;

and (iv) Any other person the court determines;

and (b) Include with the copy of the petition served under (a) of this subsection a statement of the right to request appointment of an attorney for the minor or to object to appointment of the standby guardian, and a description of the nature, purpose, and consequences of appointment of a standby guardian.

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11 SB 5837 (6) The court may, upon a showing of good cause, order that the information concerning the reasons for the standby guardianship contained in the petition and all subsequently filed pleadings and evidence by any party not be served on the minor if the minor is unrepresented.

A minor entitled to service under this subsection may request access to the court pleadings and evidence filed in the court record.

(7) A person entitled to notice under subsection (5) of this section, not later than ((sixty)) 60 days after service of the petition and statement, may object to appointment of the standby guardian by filing an objection with the court and giving notice of the objection to each other person entitled to notice under subsection (5) of this section.

(8) If an objection is filed under subsection (7) of this section, the court shall hold a hearing to determine whether a standby guardian should be appointed and, if so, the person that should be appointed.

If no objection is filed, the court may make the appointment.

(9) The court may not grant a petition for a standby guardian of the minor if notice substantially complying with subsection (5) of this section is not served on:

(a) The minor, if the minor is ((twelve)) 12 years of age or older;

and (b) Each parent of the minor, unless the court finds by clear and convincing evidence that the parent, in a record, waived the right to notice or cannot be located and served with due diligence.

(10) If a petitioner is unable to serve notice under subsection (5) of this section on a parent of the minor or alleges that a parent of the minor waived the right to notice under this section, the court shall appoint a court visitor who shall:

(a) Interview the petitioner and the minor;

(b) If the petitioner alleges the parent cannot be located and served, ascertain whether the parent cannot be located with due diligence;

and (c) Investigate any other matter relating to the petition the court directs.

(11) If the court finds under subsection (3) of this section that a standby guardian should be appointed, the following rules apply:

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12 SB 5837 (a) The court shall appoint the person nominated under subsection (2) of this section unless the court finds the appointment is contrary to the best interest of the minor.

(b) If the parents have nominated different persons to serve as standby guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that appointment of none of the nominees is in the best interest of the minor.

(12) An order appointing a standby guardian under this section must state that each parent of the minor is entitled to notice, and identify any other person entitled to notice, if:

(a) The standby guardian assumes the duties and powers of the guardian;

(b) The guardian delegates custody of the minor;

(c) The court modifies or limits the powers of the guardian;

or (d) The court removes the guardian.

(13) Before assuming the duties and powers of a guardian, a standby guardian must file with the court an acceptance of appointment as guardian and give notice of the acceptance to:

(a) Each parent of the minor, unless the parent, in a record, waived the right to notice or cannot be located and served with due diligence;

(b) The minor, if the minor is ((twelve)) 12 years of age or older;

and (c) Any person, other than the parent, having care or custody of the minor.

(14) A person that receives notice under subsection (13) of this section or any other person interested in the welfare of the minor may file with the court an objection to the standby guardian's assumption of duties and powers of a guardian.

The court shall hold a hearing if the objection supports a reasonable belief that the conditions for assumption of duties and powers have not been satisfied.

Sec.

9.

RCW 11.130.225 and 2022 c 243 s 1 are each amended to read as follows:

(1) On its own, on motion when a guardianship petition is filed under RCW 11.130.190, or on petition by a person interested in a minor's welfare, including the minor, the court may appoint an emergency guardian for the minor if the court finds:

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13 SB 5837 (a) Appointment of an emergency guardian is likely to prevent substantial harm to the minor's health, safety, or welfare;

and (b) No other person appears to have authority, ability, and the willingness to act to prevent substantial harm to the minor's health, safety, or welfare.

(2) The duration of authority of an emergency guardian for a minor may not exceed ((sixty)) 60 days and the emergency guardian may exercise only the powers specified in the order of appointment.

The emergency guardian's authority may be extended once for not more than ((sixty)) 60 days if the court finds that the conditions for appointment of an emergency guardian in subsection (1) of this section continue.

(3) Except as otherwise provided in subsection (4) of this section, reasonable notice, including by methods described in RCW 11.130.195(2)(b) (ii) and (iii), of the date, time, and place of a hearing on a motion for or a petition for appointment of an emergency guardian for a minor must be given to:

(a) The minor, if the minor is ((twelve)) 12 years of age or older;

(b) Any attorney appointed under RCW 11.130.200;

(c) Each parent of the minor;

(d) Any person, other than a parent, having care or custody of the minor;

and (e) Any other person the court determines.

(4) The court may appoint an immediate emergency guardian for a minor without notice under subsection (3) of this section and a hearing only if the court finds from an affidavit or testimony that the minor's health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held.

If the court appoints an immediate emergency guardian without notice to an unrepresented minor or the attorney for a represented minor, notice of the appointment must be given not later than ((forty-eight hours)) four days after the appointment to the individuals listed in subsection (3) of this section.

Not later than ((five)) 14 days after the appointment, the court shall hold a hearing on the appropriateness of the appointment;

provided, however, that the 14- day period may be extended by agreement or for good cause at the court's discretion.

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14 SB 5837 (5) Appointment of an emergency guardian under this section, with or without notice, is not a determination that a basis exists for appointment of a guardian under RCW 11.130.185.

(6) The court may remove an emergency guardian appointed under this section at any time.

The emergency guardian shall make any report the court requires.

(7) Notwithstanding subsection (2) of this section, the court may extend an emergency guardianship pending the outcome of a full hearing under RCW 11.130.190 or 11.130.220.

(8) If a petition for guardianship under RCW ((11.130.215)) 11.130.190 is pending, or is subsequently filed after a petition under this section, the cases shall be linked or consolidated.

Sec.

10.

RCW 11.130.240 and 2020 c 312 s 110 are each amended to read as follows:

(1) Guardianship under this chapter for a minor terminates:

(a) On the minor's death, adoption, emancipation, or attainment of majority;

or (b) When the court finds that the basis in RCW 11.130.185 for appointment of a guardian no longer exists, unless the court finds that:

(i) Termination of the guardianship would be harmful to the minor;

and (ii) The minor's interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor.

(2)(a) A minor subject to guardianship or a person interested in the welfare of the minor, including a parent, may petition the court to terminate the guardianship, modify the guardianship, remove the guardian and appoint a successor guardian, or remove a standby guardian and appoint a different standby guardian.

(b) A modification motion may be brought due to changes in circumstances.

(3) A petitioner under subsection (2) of this section shall give notice of the hearing on the petition to the minor, if the minor is ((twelve)) 12 years of age or older and is not the petitioner, the guardian, each parent of the minor, and any other person the court determines.

(4) The court shall follow the priorities in RCW 11.130.215(2) when selecting a successor guardian for a minor.

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15 SB 5837 (5) Not later than ((thirty)) 30 days after appointment of a successor guardian for a minor, the court shall give notice of the appointment to the minor subject to guardianship, if the minor is ((twelve)) 12 years of age or older, each parent of the minor, and any other person the court determines.

(6) When terminating a guardianship for a minor under this section, the court may issue an order providing for transitional arrangements that will assist the minor with a transition of custody and is in the best interest of the minor.

(7) A guardian for a minor that is removed shall cooperate with a successor guardian to facilitate transition of the guardian's responsibilities and protect the best interest of the minor.

Sec.

11.

(b) Notice under this subsection shall include a clear and easily readable statement of the legal rights of the respondent that could p.be restricted or transferred to a guardian by a guardianship order as well as the right to counsel of choice and to a jury trial on whether a basis exists under RCW 11.130.265 for the appointment of a guardian and the issue of the respondent's rights that will be retained or restricted if a guardian is appointed.

1 ESSB 5837 be restricted or transferred to a guardian by a guardianship order as well as the right to counsel of choice and to a jury trial on whether a basis exists under RCW 11.130.265 for the appointment of a guardian and the issue of the respondent's rights that will be retained or restricted if a guardian is appointed.

(3) In a proceeding on a petition under RCW 11.130.270, the notice required under subsection (2) of this section must be given to the persons required to be listed in the petition under RCW 11.130.270(((2)))p. (3) (a) through (c) and any other notice party.

16 SB 5837 11.130.270(((2))) (3) (a) through (c) and any other notice party.

2.12.

PROVIDED, That the court may charge such fee to the petitioner, the person subject to a guardianship or p.conservatorship proceeding, or any person who has appeared in the action;

2 ESSB 5837 conservatorship proceeding, or any person who has appeared in the action;

His or her training relating to the duties as a courtp. visitor;

17 SB 5837 court visitor;

p.(b) Determine whether the respondent would like to request the appointment of an attorney, and determine the respondent's views about the appointment sought by the petitioner, including views about a proposed guardian, the guardian's proposed powers and duties, and the scope and duration of the proposed guardianship;

3 ESSB 5837 (b) Determine whether the respondent would like to request the appointment of an attorney, and determine the respondent's views about the appointment sought by the petitioner, including views about a proposed guardian, the guardian's proposed powers and duties, and the scope and duration of the proposed guardianship;

(6)p. The court visitor appointed under subsection (1) of this section shall:

18 SB 5837 (6) The court visitor appointed under subsection (1) of this section shall:

and p.(ii) If a limited guardianship is recommended, the powers to be granted to the guardian;

4 ESSB 5837 (ii) If a limited guardianship is recommended, the powers to be granted to the guardian;

(f)p. A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;

19 SB 5837 (f) A statement whether the respondent is able to attend a hearing at the location court proceedings typically are held;

3.13.

(b) Unless the respondent in a proceeding for appointment of a guardian for an adult is represented by an attorney, the court ((isis not required, but may))may must appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, ((exceptexcept as provided otherwise in (c) of this subsection))subsection. when:

(i)(c)(i) The court must appoint an attorney to represent the respondent at public expense when ((either)) the respondent objects to the petition or requests appointment of an attorney to the court visitor;visitor, and:

or(A) p.The respondent is unable to afford an attorney;

5(B) ESSBThe 5837expense (ii) In the opinion of thean court,attorney thewould rightsresult andin interestssubstantial ofhardship to the respondentrespondent; cannot otherwise be adequately protected and represented.

(c)(((i)or (C) The courtrespondent mustdoes appointnot anhave attorneypractical access to representfunds thewith respondent))which If an attorney is appointed for the respondent pursuant to (b)pay ofan thisattorney. subsection, the attorney shall be appointed at public expense ((when either)) if:

(((A))) (i) The respondent is unable to afford an attorney;

(((B))) (ii) The expense of an attorney would result in substantial hardship to the respondent;

or (((C))) (iii) The respondent does not have practical access to funds with which to pay an attorney.

(((ii)(ii) When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented,p. the court on its own motion must appoint an attorney at any time to represent the respondent.

(iii)))20 (d)SB If5837 therepresented, respondent objects to the petition or requests appointment of an attorney, the court visitor,on underits theown requirementsmotion ofmust RCWappoint 11.130.280(5), shall petition the court to have an attorney appointedat withinany fivetime daysto ofrepresent meeting the respondent.

(e)(iii) AnThe attorneycourt mustvisitor, be provided under (b)the requirements of thisRCW subsection11.130.280(4), (((1)(c)))will asadvise soonthe ascourt practicableof afterthe aneed petitionfor isappointment filedof andcounsel longfor enoughthe beforerespondent anywithin finalfive hearingcourt todays allowafter adequatethe timemeeting forwith consultationthe andrespondent preparation.unless:

(A) Counsel has appeared;

(B) The respondent has affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available;

or (C) The respondent was unable to communicate at all on the subject, and the court visitor is satisfied that the respondent does not affirmatively desire to be represented by counsel.

(iv) An attorney must be provided under this subsection (1)(c) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation.

4.14.

p.(1) The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the record after:

6 ESSB 5837 (1) The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the record after:

(2)p. An adult subject to a proceeding for a guardianship, whether or not a guardian is appointed, an attorney designated by the adult, and a person entitled to notice under RCW 11.130.310(5) or a subsequent order are entitled to access court records of the proceeding and resulting guardianship, including the guardian's plan under RCW 11.130.340 and report under RCW 11.130.345.

21 SB 5837 (2) An adult subject to a proceeding for a guardianship, whether or not a guardian is appointed, an attorney designated by the adult, and a person entitled to notice under RCW 11.130.310(5) or a subsequent order are entitled to access court records of the proceeding and resulting guardianship, including the guardian's plan under RCW 11.130.340 and report under RCW 11.130.345.

(c) The petitioner, visitor, ((and)) petitioner's and respondent's attorneysattorneys, , and proposed guardians and conservators and their attorneys, for purposes of the proceeding;

5.15.

p.(a) Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative, including use of appropriate supportive services, technological assistance, or supported decision making;

7 ESSB 5837 (a) Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative, including use of appropriate supportive services, technological assistance, or supported decision making;

(c)p. State whether the adult subject to guardianship retains the right to vote and, if the adult does not retain the right to vote, include findings that support removing that right which must include a finding that the adult cannot communicate, with or without support, a specific desire to participate in the voting process;

22 SB 5837 (c) State whether the adult subject to guardianship retains the right to vote and, if the adult does not retain the right to vote, include findings that support removing that right which must include a finding that the adult cannot communicate, with or without support, a specific desire to participate in the voting process;

p.(iv) A power that requires court approval under RCW 11.130.335;

8 ESSB 5837 (iv) A power that requires court approval under RCW 11.130.335;

(f)p. Access to court records relating to the guardianship;

23 SB 5837 (f) Access to court records relating to the guardianship;

(c) ((The((The)) A determination of whether the plan must be reviewed, and if so, the date by which the court will review the guardian's plan as required by RCW 11.130.340(4);

(d)))(d) The report interval which the guardian shall file its guardian's ((plan)) report under RCW 11.130.345.

(((e)))(e) (d) The date the limited guardian or guardian must file its guardian's ((plan)) report under RCW 11.130.345.

(((f)))(f) (e) The date for the court to review the guardian's ((plan)) report under RCW 11.130.345 and enter its order.

and p.(g) The date on which the original letters of office shall expire, which date shall be 180 days after the anniversary date of appointment.

9 ESSB 5837 (f) The date on which the original letters of office shall expire, which date shall be 180 days after the anniversary date of appointment.

6.16.

(1) If the respondent in a proceeding to appoint a conservator is a minor, the court may appoint a court visitor to investigate a matterp. related to the petition or inform the minor or a parent of the minor about the petition or a related matter.

24 SB 5837 matter related to the petition or inform the minor or a parent of the minor about the petition or a related matter.

his or her criminal history as defined in RCW 9.94A.030 for the period covering ((ten)) 10 years p.prior to the appointment;

10 ESSB 5837 prior to the appointment;

(i)p. Lack of expertise necessary for the proceeding;

25 SB 5837 (i) Lack of expertise necessary for the proceeding;

p.(7) A court visitor appointed under subsection (2) of this section for an adult shall:

11 ESSB 5837 (7) A court visitor appointed under subsection (2) of this section for an adult shall:

(c) Investigate whether the respondent's needs could be met by a protective arrangement instead of conservatorship or other less restrictivep. alternative and, if so, identify the arrangement or other less restrictive alternative;

26 SB 5837 restrictive alternative and, if so, identify the arrangement or other less restrictive alternative;

p.(e) A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate;

12 ESSB 5837 (e) A statement whether the respondent is able to participate in a hearing and which identifies any technology or other form of support that would enhance the respondent's ability to participate;

Sec.p.

7.27 SB 5837 Sec.

17.

(b) ((UnlessUnless the respondent in a proceeding for appointment of a conservator is represented by an attorney, the))the The court ((is not required, but may)) must appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, ((except as provided otherwise in (c) of this subsection)) when:

p.(((ii) When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent.

13 ESSB 5837 (((ii) When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent.

(e) An attorney must be provided under (b) of this subsection (((1)(c))) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultationp. and preparation.

28 SB 5837 consultation and preparation.

8.18.

If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent p.or allow the respondent to attend the hearing using real-time audiovisual technology.

14 ESSB 5837 or allow the respondent to attend the hearing using real-time audiovisual technology.

or (c)p. The respondent is a minor who has received proper notice and attendance would be harmful to the minor.

29 SB 5837 (c) The respondent is a minor who has received proper notice and attendance would be harmful to the minor.

9.19.

p.(1) The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after:

15 ESSB 5837 (1) The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after:

(2) An individual subject to a proceeding for a conservatorship, whether or not a conservator is appointed, an attorney designated by the individual, and a person entitled to notice under RCW 11.130.420(6)p. or a subsequent order may access court records of the proceeding and resulting conservatorship, including the conservator's plan under RCW 11.130.510 and the conservator's report under RCW 11.130.530.

30 SB 5837 11.130.420(6) or a subsequent order may access court records of the proceeding and resulting conservatorship, including the conservator's plan under RCW 11.130.510 and the conservator's report under RCW 11.130.530.

10.20.

p.(1) A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor.

16 ESSB 5837 (1) A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor.

(a) Include a specific finding that clear and convincing evidence has established that the identified needs of the respondent cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternatives, including use of appropriate supportivep. services, technological assistance, or supported decision making;

31 SB 5837 supportive services, technological assistance, or supported decision making;

p.(g) Notice of a transaction involving a substantial conflict between the conservator's fiduciary duties and personal interests;

17 ESSB 5837 (g) Notice of a transaction involving a substantial conflict between the conservator's fiduciary duties and personal interests;

Good cause includes the court's determination that notice would be contraryp. to the preferences or prior directions of the adult subject to conservatorship.

32 SB 5837 contrary to the preferences or prior directions of the adult subject to conservatorship.

(d) ((The((The)) A determination of whether the plan must be reviewed, and if so, the date by which the court will review the conservator's plan as required by RCW 11.130.510;

(e)))(e) The report interval which the conservator must file its report under RCW 11.130.530.

(((f)))(f) (e) The date the limited conservator or conservator must file its report under RCW 11.130.530.

(((g)))(g) (f) The date for the court to review the report under RCW 11.130.530 and enter its order.

The court shall conduct the review within ((one hundred twenty)) 120 days after the anniversary date of the appointment;appointment ;

and p.(h) The date on which the original letters of office shall expire, which date shall be 180 days after the anniversary date of appointment.

18 ESSB 5837 (g) The date on which the original letters of office shall expire, which date shall be 180 days after the anniversary date of appointment.

11.21.

(1) Not later than ((thirty)) 14 days after appointment of a conservator under RCW 11.130.420, the conservator shall give to the individual subject to conservatorship and any other person entitled to notice under RCW 11.130.420 (6) and (7) a copy of the order of appointment and a statement of the rights of the individual subject top. conservatorship and procedures to seek relief if the individual is denied those rights.

33 SB 5837 to conservatorship and procedures to seek relief if the individual is denied those rights.

12.22.

(2) On filing of a petition under RCW 11.130.580 for a protective arrangement instead of conservatorship for a minor, the court may appoint a court visitor to investigate a matter related to the p.petition or inform the minor or a parent of the minor about the petition or a related matter.

19 ESSB 5837 petition or inform the minor or a parent of the minor about the petition or a related matter.

(4) The court, in the order appointing a court visitor, shall specify the hourly rate the court visitor may charge for his or her services, and shall specify the maximum amount the court visitor may chargep. without additional court review and approval.

34 SB 5837 charge without additional court review and approval.

p.(i) Lack of expertise necessary for the proceeding;

20 ESSB 5837 (i) Lack of expertise necessary for the proceeding;

(6)p. If the respondent objects to the petition or requests appointment of an attorney, the court visitor shall petition the court to have an attorney appointed within five days of meeting the respondent.

(7)35 SB 5837 (6) A court visitor appointed under subsection (1) or (3) of this section shall interview the respondent in person and in a manner the respondent is best able to understand:

(f) If a protective arrangement instead of conservatorship is sought, review financial records of the respondent, if relevant to the court visitor's recommendation under subsection (((7)))(7)(b) (8)(b) of this section;

p.(7) A court visitor under subsection (1), (2), or (3) of this section promptly shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.580 (1) through (3), at least ((fifteen)) 15 days prior to the hearing on the petition filed under RCW 11.130.585, 11.130.590, or 11.130.595, which must include:

21 ESSB 5837 (((7))) (8) A court visitor under subsection (1), (2), or (3) of this section promptly shall file a report in a record with the court and provide a copy of the report to the respondent, petitioner, and any interested party entitled to notice under RCW 11.130.580 (1) through (3), at least ((fifteen)) 15 days prior to the hearing on the petition filed under RCW 11.130.585, 11.130.590, or 11.130.595, which must include:

(b)p. A recommendation regarding the appropriateness of the protective arrangement sought and whether a less restrictive alternative for meeting the respondent's needs is available;

36 SB 5837 (b) A recommendation regarding the appropriateness of the protective arrangement sought and whether a less restrictive alternative for meeting the respondent's needs is available;

13.23.

Any attorney purporting to represent a respondent or person subject to a protective arrangement shall p.petition the court to be appointed to represent the respondent or person subject to a protective arrangement.

22(b) ESSBUnless 5837the petitionrespondent in a proceeding under this article is represented by an attorney, the court to((is benot appointedrequired, but may)) must appoint an attorney to represent the respondent, regardless of the respondent's ability to pay, ((except as provided otherwise in (c) of this subsection)) when the respondent objects to the petition or personrequests subjectappointment of an attorney to athe protectivecourt arrangement.visitor.

(b)(c)(i) Unless((The thecourt respondentmust inappoint aan proceedingattorney underto thisrepresent article is represented by an attorney, the courtrespondent ((isat notpublic required,expense butwhen may))either)) mustIf appoint an attorney tois representappointed for the respondent,respondent regardlesspursuant ofto the(b) respondent'sor ability(c)(ii) toof pay,this ((exceptsubsection, asthe providedattorney otherwiseshall inbe (c)appointed ofat thispublic subsection))expense when:

(i)(A) The respondent objectsis unable to theafford petition or requests appointment of an attorneyattorney; to the court visitor;

or(B) (ii)The Inexpense the opinion of thean court,attorney thewould rightsresult andin interestssubstantial ofhardship to the respondentrespondent; cannot otherwise be adequately protected and represented.

(c)(((i)or Thep. court must appoint an attorney to represent the respondent at public expense when either)) If an attorney is appointed for the respondent pursuant to (b) of this subsection, the attorney shall be appointed at public expense when:

(((A)))37 (i)SB 5837 (C) The respondent isdoes unablenot have practical access to affordfunds with which to pay an attorney;attorney.

(((B))) (ii) The expense of an attorney would result in substantial hardship to the respondent;

or (((C))) (iii) The respondent does not have practical access to funds with which to pay an attorney.

(((ii)(ii) When, in the opinion of the court, the rights and interests of the respondent cannot otherwise be adequately protected and represented, the court on its own motion must appoint an attorney at any time to represent the respondent.

(iii)))(iii) (d)The If the respondent objects to the petition or requests appointment of an attorney, the court visitor, under the requirements of RCW 11.130.280(5), shallwill petitionadvise the court toof havethe anneed attorneyfor appointedappointment of counsel for the respondent within five court days ofafter the meeting with the respondent.

(e)(iv) An attorney must be provided under (b) of this subsection (((1)(c)))(1)(c) as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation.

p.(a) Make reasonable efforts to ascertain the respondent's wishes;

23 ESSB 5837 (a) Make reasonable efforts to ascertain the respondent's wishes;

Sec.p.

14.38 SB 5837 Sec.

24.

p.(3) The respondent may be assisted in a hearing under this article by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports.

24 ESSB 5837 (3) The respondent may be assisted in a hearing under this article by a person or persons of the respondent's choosing, assistive technology, or an interpreter or translator, or a combination of these supports.

The court may grant the request, with or without a hearing, on determining that the best interests of the respondent will be served.p.

39 SB 5837 served.

15.25.

(2) A respondent, an individual subject to a protective arrangement instead of guardianship or conservatorship, an attorney designated by the respondent or individual, a parent of a minor subject to a protective arrangement, and any other person the court determines are entitled to access court records of the proceeding and p.resulting protective arrangement.

25 ESSB 5837 resulting protective arrangement.

(c) The petitioner, visitor, ((and)) petitioner's and respondent's attorneysattorneys, , and proposed guardians,guardians conservators, and specialconservators agents, and their attorneys, for purposes of the proceeding;

(e)p. If the order is for a protective arrangement instead of guardianship and unless the court orders otherwise, an agent appointed under a power of attorney for health care in which the respondent is identified as the principal;

40 SB 5837 (e) If the order is for a protective arrangement instead of guardianship and unless the court orders otherwise, an agent appointed under a power of attorney for health care in which the respondent is identified as the principal;

16.26.

and (3) An individual against whom the person with a disability has obtained an order of protection from abuse, or an individual who is p.the subject of a civil or criminal order prohibiting contact with the adult with a disability.

26 ESSB 5837 the subject of a civil or criminal order prohibiting contact with the adult with a disability.

17.27.

(c)p. To the best of the supporter's knowledge, at the time the supported decision-making agreement was signed, the principal was competent to execute the document and was not under undue influence to sign the document;

41 SB 5837 (c) To the best of the supporter's knowledge, at the time the supported decision-making agreement was signed, the principal was competent to execute the document and was not under undue influence to sign the document;

p.(a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;

27 ESSB 5837 (a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;

and (b)p. Liability for reasonable attorneys' fees and costs incurred in any action or proceeding that confirms the validity of the supported decision-making agreement or mandates acceptance of the supported decision-making agreement.

42 SB 5837 (b) Liability for reasonable attorneys' fees and costs incurred in any action or proceeding that confirms the validity of the supported decision-making agreement or mandates acceptance of the supported decision-making agreement.

2843 ESSBSB 5837