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Filing a Grievance Against a Certified Professional Guardian

 

A Grievance Against Certified Professional Guardians
 
 
Persons interested in the activities of a Certified Professional Guardian must be aware of two separate entities that supervise Professional Guardians.
 
Superior Court
 
Under Washington State law, RCW 11.88 and RCW 11.92, the superior court of each county appoints and supervises all guardians. A person who has a concern about the behavior of a guardian in a particular guardianship should present those concerns to the superior court.
 
In almost all cases, the superior court is the main venue for grievances about the actions of a Professional Guardian. As described below, complaints to the Certified Professional Guardian Board (Board) that have not been reviewed by the court will ordinarily not be accepted for review and will be referred to the superior court in the appropriate county.
 
If a judge has signed a court order that finds that a guardian has failed in some way, this document can be forwarded to the Board along with the Grievance form for further action.
 
Certified Professional Guardian Board
 
The Board was created by the Washington State Supreme Court General Rule 23 for the purposes of certifying and regulating Professional Guardians in Washington. The Board has created regulations affecting how guardians should behave and implementing disciplinary procedures.
 
General Rule 23
 
General Rule 23 has three provisions that relate directly to the Board’s acceptance and review of complaints against professional guardians:
 
GR23 (a) This rule does not duplicate the statutory process by which the courts supervise guardians nor is it a mechanism to appeal a court decision regarding the appointment or conduct of a guardian.
 
GR23 (2)(ii) Standards of Practice. The Board shall adopt and implement policies or regulations setting forth minimum standards of practice which professional guardians shall meet.
 


GR23 (2)(viii) Grievances and Discipline. The Board shall adopt and implement procedures to review any allegation that a professional guardian has violated an applicable statute, fiduciary duty, standard of practice, rule, or regulation. The Board may impose sanctions upon a finding of violation. Sanctions may include decertification or lesser remedies or actions designed to ensure compliance with duties, standards, and requirements for professional guardians.
 
Certified Professional Guardian Board Regulations
 
The Board has developed Standards of Practice. These set out the minimum standard of behavior that is expected of professional guardians. The Board has also promulgated Disciplinary Regulations. Individuals contemplating making a complaint should closely review Disciplinary Regulation 504, Review by Standards of Practice Committee.
 
How to Make a Complaint
 
Superior Court
 
By far the best way to advocate for a person who is the subject of a guardianship is to hire an attorney who is familiar with guardianship to try to resolve the matter informally or, failing that, to help you take the appropriate action in court. If you have an attorney, it is strongly suggested that you discuss your concerns with counsel.
 
People who choose not to retain counsel have the alternative of directly contacting the superior court with a complaint. Washington law, (RCW 11.88.120 -- Modification or Termination of Guardianship) provides the procedure by which this can be done. In brief, a complainant may write a letter specifying concerns about the conduct of a guardian to the Presiding Judge of the County Superior Court. Upon receipt of such a letter, the statute provides that court must either schedule a “show cause” hearing, appoint a guardian ad litem, or dismiss the complaint as being frivolous on its face. The Grievance Form on this site may be used as a guideline for writing such a letter. Click here for an address list for County Superior Courts.
 
Certified Professional Guardian Board
 
Click here to download and complete the Grievance Form.  Please read and follow the directions. If you are unable to download the form, contact:
 
Administrative Office of the Courts
ATTN: Certified Professional Guardian Board
1206 S Quince
PO Box 41170
Olympia, WA 98504-1170
(360) 705-5227
Deborah.Jameson@courts.wa.gov
 
 

 
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