GR 23
                  Rule for Certifying Professional Guardians


     (a) Purpose and Scope.  This rule establishes the standards and criteria
for the certification of professional guardians as defined by RCW 11.88.008 and
prescribes the conditions of and limitations upon their activities. 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.

     (b) Jurisdiction.  All professional guardians who practice in the state of
Washington are subject to these rules and regulations.  Jurisdiction shall
continue whether or not the professional guardian retains certification under
this rule, and regardless of the professional guardian's residence.

     (c) Certified Professional Guardian Board.

     (1) Establishment.

       (i)  Membership.  The Supreme Court shall appoint a Certified
Professional Guardian Board ("Board") of 12 or more members.  The Board shall
include representatives from the following areas of expertise:  professional
guardians; attorneys; advocates for incapacitated persons; courts; state
agencies; and those employed in medical, social, health, financial, or other
fields pertinent to guardianships.  No more than one-third of the Board
membership shall be practicing professional guardians.

       (ii)  Terms.  The term for a member of the Board shall be three years.
No member may serve more than three consecutive full three-year terms, not to
exceed nine consecutive years, including any unfilled term.  Terms shall be
established such that one-third shall end each year.  All terms of office begin
October 1 and end September 30 or when a successor has been appointed,
whichever occurs later.

       (iii)  Leadership.  The Supreme Court shall designate the Chair of the
Board.  The Board shall designate the Vice-Chair, who shall serve in the
absence of or at the request of the Chair.

       (iv)  Vacancies.  Any vacancy occurring in the terms of office of Board
members shall be filled for the unexpired term.

     (2) Duties and Powers.

        (i)   Applications.  The Board shall process applications for
professional guardian certification under this rule.  The Board may delay or
deny certification if an applicant fails to provide required basic or
supplemental information.

       (ii)  Standards of Practice.  The Board shall adopt and implement
policies or regulations setting forth minimum standards of practice which
professional guardians shall meet.

       (iii)  Training Program.  The Board shall adopt and implement
regulations establishing a professional guardian training program.

       (iv)  Examination.  The Board may adopt and implement regulations
governing the preparation and administration of certification examinations.

       (v)   Recommendation of Certification.  The Board may recommend
certification to the Supreme Court.  The Supreme Court shall review the Board's
recommendation and enter an appropriate order.

       (vi)  Denial of Certification.  The Board may deny certification.
If the Board denies certification, it shall notify an applicant in writing of
the basis for denial of certification and inform the applicant of the appeal process.

       (vii)  Continuing Education.  The Board may adopt and implement
regulations for continuing education.

       (viii)  Grievances and Disciplinary Sanctions.  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, regulation, or other requirement governing the conduct of
professional guardians.  The Board may take disciplinary action and impose
disciplinary sanctions based on findings that establish a of violation of an
applicable statute, duty, standard of practice, rule, regulation or other
requirement governing the conduct of professional guardians.  Sanctions may
include decertification or lesser remedies or actions designed to ensure
compliance with duties, standards, and requirements for professional guardians.

       (ix)  Investigation.  The Board may investigate to determine
whether an applicant for certification meets the certification requirements
established in this rule.  The Board may also investigate to determine whether
a professional guardian has violated any statute, duty, standard of practice, rule,
regulation, or other requirement governing the conduct of professional guardians.

       (x)  Authority to Conduct Hearings.  The Board may adopt
regulations pertaining to the orderly conduct of hearings.

           a)  Subpoenas.  The Chair of the Board, Hearing Officer, or
a party's attorney shall have the power to issue subpoenas.

           b)  Orders.  The Chair or Hearing Officer may make such pre-hearing
or other orders as are necessary for the orderly conduct of any hearing.

           c)  Enforcement.  The Board may refer a Subpoena or order to
the Supreme Court for enforcement.

      (xi) Disclosure of Records.  The Board may adopt regulations pertaining
to the disclosure of records in the Board's possession.

      (xii)  Meetings.  The Board shall hold meetings as determined to be
necessary by the chair.  Meetings of the Board will be open to the public
except for executive session, review panel, or disciplinary meetings prior to
filing of a disciplinary complaint.

      (xiii) Fees.  The Board shall establish and collect fees in such amounts
as are necessary to support the duties and responsibilities of the Board.

   (3)  Board Expenses.  Board members shall not be compensated for their
services.  Consistent with the Office of Financial Management rules, Board
members shall be reimbursed for actual and necessary expenses incurred in the
performance of their duties.  All expenses shall be paid pursuant to a budget
submitted to and approved by the Supreme Court.  Funds accumulated from examination
fees, annual fees, and other revenues shall be used to defray Board expenses.

   (4)  Agency.  Hearing officers are agents of the Board and are accorded
rights of such agency.

   (5)  Immunity from Liability.  The Board, its members, or agents, including
duly appointed hearing officers, shall enjoy quasi-judicial immunity if the
Supreme Court would have immunity in performing the same functions.

   (6)  Conflict of Interest.  A Board member should disqualify himself or
herself from making any decisions in a proceeding in which his or her
impartiality might reasonably be questioned, including but not limited to, when
the Board member has a personal bias or prejudice concerning a party or
personal knowledge of disputed evidentiary facts concerning the proceeding.

   (7)  Leave of Absence.  The Board may adopt regulations specifying that a
Board member who is the subject of a disciplinary investigation by the Board
must take a leave of absence from the Board.  A Board member may not continue
to serve as a member of the Board if the Board or Supreme Court has imposed a
final disciplinary sanction on the Board member.

   (8)  Administration.  The Administrative Office of the Courts (AOC) shall
provide administrative support to the Board and may contract with agencies or
organizations to carry out the Board's administrative functions.

    (d) Certification Requirements.  Applicants, Certified Professional
Guardians, and Certified Agencies shall comply with the provisions of Chapter
11.88 and 11.92 RCW.  In addition, individuals and agencies must meet the
following requirements.

     (1) Individual Certification.  The following requirements apply to
applicants and do not apply to currently certified professional guardians,
except as stated in subsection (d)(1)(vii).  An individual applicant shall:

       (i) Be at least 18 years of age;

       (ii) Be of sound mind;

       (iii) Have no felony or misdemeanor convictions involving moral turpitude;

       (iv) Possess an associate's degree from an accredited institution
and at least four full years' experience working in a discipline pertinent to
the provision of guardianship services, or a baccalaureate degree from an
accredited institution and at least two full years' experience working in a
discipline pertinent to the provision of guardianship services, or a Masters,
J.D., Ph.D., or equivalent advanced degree from an accredited institution and
at least one year experience working in a discipline pertinent to the provision
of guardianship services;

       (v)  The experience required by this rule is experience in which
the applicant has developed skills that are transferable to the provision of
guardianship services and must include decision-making or the use of
independent judgment for the benefit of others, not limited to incapacitated
persons, in the area of legal, financial, social services or healthcare or
other disciplines pertinent to the provision of guardianship services;

       (vi)  Have completed the mandatory certification training.

       (vii)  Applicants enrolled in the mandatory certification training on
September 12, 2008, and who satisfactorily complete that training, shall meet
the certification requirements existing on that date, or the date the applicant
submitted a complete application for certification, whichever date is earlier,
and not the requirements set forth in this rule.

    (2) Agency Certification.  Agencies must meet the following additional requirements:

       (i) All officers and directors of the corporation must meet the
qualifications of Chapter 11.88.020 RCW for guardians;

       (ii) Each agency shall have at least two (2) individuals in the
agency certified as professional guardians, whose residence or principal place
of business is in Washington State and who are so designated in minutes or a
resolution from the Board of Directors; and

       (iii) Each agency shall file and maintain in every guardianship
court file a current designation of each certified professional guardian with
final decision-making authority for the incapacitated person or their estate.

     (3) Training Program and Examination.  Applicants must satisfy the Board's
training program and examination requirements.

     (4) Insurance Coverage.  In addition to the bonding requirements of
Chapter 11.88 RCW, applicants must be insured or bonded at all times in such
amount as may be determined by the Board and shall notify the Board immediately
of cancellation of required coverage.

     (5) Financial Responsibility.  Applicants must provide proof of ability to
respond to damages resulting from acts or omissions in the performance of
services as a guardian.  Proof of financial responsibility shall be in such
form and  in such amount as the Board may prescribe by regulation.

     (6) Application Under Oath.  Applicants must execute and file with the
Board an approved application under oath.

     (7) Application Fees.  Applicants must pay fees as the Board may require
by regulation.

     (8) Disclosure.  An applicant for certified professional guardian or
certified agency shall disclose upon application:

       (i)  The existence of a judgment against the applicant arising from
the applicant's performance of services as a fiduciary;

       (ii)  A court finding that the applicant has violated its duties as
a fiduciary, or committed a felony or any crime involving moral turpitude;

       (iii)  Any adjudication of the types specified in RCW 43.43.830, and RCW 43.43.842;

       (iv)  Pending or final licensing or disciplinary board actions or
findings of violations;

       (v)  The existence of a judgment against the applicant within the
preceding eight years in any civil action;

       (vi)  Whether the applicant has filed for bankruptcy within the
last seven years.  Disclosure of a bankruptcy filing within the past seven
years may require the applicant or guardian to provide a personal credit report
from a recognized credit reporting bureau satisfactory to the Board;

       (vii)  The existence of a judgment against the applicant or any
corporation, partnership or limited liability corporation for which the
applicant was a managing partner, controlling member or majority shareholder
within the preceding eight years in any civil action.

     (9) Denial of Certification.  The Board may deny certification of an
individual or agency based on any of the following criteria:

       (i) Failure to satisfy certification requirements provided in section (d)
of this rule;

       (ii) The existence of a judgment against the applicant arising from the
applicant's performance of services as a fiduciary;

       (iii) A court finding that the applicant has violated its fiduciary
duties or committed a felony or any crime involving moral turpitude;

       (iv) Any adjudication of the types specified in RCW 43.43.830, and RCW 43.43.842;

       (v) Pending or final licensing or disciplinary board actions or findings
of violations;

       (vi) A Board determination based on specific findings that the applicant
lacks the requisite moral character or is otherwise unqualified to practice as
a professional guardian;

       (vii) A Board determination based on specific findings that the
applicant's financial responsibility background is unsatisfactory.

     (10)  Designation/Title.  An individual certified under this rule may use
the initials "CPG" following the individual's name to indicate status as
"Certified Professional Guardian."  An agency certified under this rule may
indicate that it is a "Certified Professional Guardian Agency" by using the
initials "CPGA" after its name.  An individual or agency may not use the term
"certified professional guardian" or "certified professional guardian agency"
as part of a business name.

   (e) Guardian Disclosure Requirements.

     (1) A Certified Professional Guardian or Certified Agency shall disclose
to the Board in writing within 30 days of occurrence:

      (i) The existence of a judgment against the professional guardian arising
from the professional guardian's performance of services as a fiduciary;

      (ii) A court finding that the professional guardian violated its
fiduciary duties, or committed a felony or any crime involving moral turpitude;

      (iii) Any adjudication of the types specified in RCW 43.43.830, and RCW 43.43.842;

      (iv) Pending licensing or disciplinary actions related to fiduciary
responsibilities or final licensing or disciplinary actions resulting in
findings of violations;

      (v) Residential or business moves or changes in employment; and

      (vi) Names of Certified Professional Guardians they employ or who leave
their employ.

   (2)  Not later than June 30 of each year, each professional guardian and
guardian agency shall complete and submit an annual disclosure statement
providing information required by the Board.

   (f) Regulations.  The Board shall adopt regulations to implement this rule.

   (g) Personal Identification Number.  The Board shall establish an
identification numbering system for professional guardians. The Personal
Identification Number shall be included with the professional guardian's
signature on documents filed with the court.

   (h) Ethics Advisory Opinions.

     (1) The Board may issue written ethics advisory opinions to inform and advise
Certified Professional Guardians and Certified Agencies of their ethical obligations.

     (2) Any Certified Professional Guardian or Certified Agency may request in
writing an ethical advisory opinion from the Board.  Compliance with an opinion
issued by the Board shall be considered as evidence of good faith in any
subsequent disciplinary proceeding involving a Certified Professional Guardian
or Certified Agency.

     (3) The Board shall publish opinions issued pursuant to this rule in
electronic or paper format.  The identity of the person requesting an opinion
is confidential and not public information.

   (i) Existing Law Unchanged.  This rule shall not expand, narrow, or
otherwise affect existing law, including but not limited to, Title 11 RCW.


[Adopted effective January 25, 2000; amended effective April 30, 2002; amended
effective April 1, 2003; September 1, 2004, amended effective January 13, 2009;
amended effective September 1, 2010]