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Who can file a complaint about a certified professional guardian?
Anyone can file a complaint regarding the conduct of a certified professional guardian.
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Do I need a lawyer to file a complaint?
No, you do not need a lawyer.
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How do I file a complaint with the Certified Professional Guardian Board?
Complete the complaint form and submit it to the Certified Professional Guardian Board.
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What
allegations
will the Certified Professional Guardian Board review?
The Board will review any allegation that a professional guardian has violated:
- an applicable
statute,
- a
fiduciary
duty,
- a standard of practice,
- a rule,
- a regulation or,
- any other requirement governing the conduct of professional guardians.
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What Allegations will the Certified Professional Guardian Board not review?
The Board will not review:
- Allegations Regarding Judicial Decisions made by Superior Court Judges and Commissioners Regarding a Petition for Guardianship.
This Board’s disciplinary process is not a mechanism to appeal a court decision regarding the appointment or conduct of a guardian. For the appropriate appeals process, see the Washington State Rules of Appellate Procedure.
- Allegations Regarding the Conduct of an Attorney.
If you believe that a lawyer has acted unethically, you may file a complaint with the Washington State Bar Association's Office of Disciplinary Counsel.
- Allegations Regarding the Conduct of a Guardian ad Litem (GAL).
If you have a complaint about a guardian ad litem (GAL), you may file a complaint in Superior Court. If the case is still active, you may file a motion to bring the complaint to the court's attention. If the case has been completed, your written complaint should be addressed to the GAL Program Manager or Court Administrator.
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What will the Certified Professional Guardian Board do with my complaint?
Staff with the Administrative Office of the Courts (AOC) will conduct an initial screening of all complaints received. AOC staff creates a file, assigns a number and logs all complaints.
- No
Jurisdiction.
If the complaint is not within the jurisdiction of the Board, the
grievant
is notified and directed to other appropriate organizations or venues, if any.
- Jurisdiction. If the complaint is within the Board's jurisdiction, a letter acknowledging receipt is sent to the grievant; and a letter requesting a written response is sent to the professional guardian.
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The Grievance Investigator develops an investigation plan detailing:
- The
alleged
misconduct.
- The names and contact information of persons to interview.
- The questions those interviewed will be asked.
- The documents to obtain and
analyze.
The Investigator carries out the plan and determines, to the best of his/her ability, what happened.
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After the Investigator conducts a thorough investigation, the Board’s disciplinary committee may take any of the following actions:
(1)
Dismiss
the complaint and direct AOC staff to notify the grievant and the guardian.
(2) Request further investigation.
(3) Instruct AOC staff to discuss with the guardian an issue of minor significance and ask the guardian to take corrective action.
(4) Recommend discipline, the disciplinary committee deems appropriate. If the guardian agrees, the recommended discipline will be presented to the Board for approval. If the guardian does not agree, the disciplinary committee will ask the Board to issue a complaint and schedule a hearing.
(5) Forward a complaint involving an active guardianship case that is not dismissed by the Board’s disciplinary committee to the appropriate Superior Court with a request that the court review the matter, take any action necessary and report to the Board.
If the Board approves filing a complaint, a copy of the complaint and investigative file will be forwarded to the Attorney General’s Office for review and
prosecution
of the complaint.
AOC staff will send the complaint to the guardian, by registered or certified mail at the address on file with AOC. The professional guardian is allowed thirty (30) days from the date of receipt to file a response to the complaint.
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If the Board determines that a disciplinary hearing must be held, the Board Chair will appoint a hearing officer to conduct the disciplinary hearing and issue a recommendation for the Board's review. The transcript and any documents submitted by the parties will be provided to the Board. The Board's decision is final unless the Board recommends suspension or decertification, in which case the Supreme Court makes the final determination.
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AOC will notify the grievant of the final resolution of the complaint.
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Where else can I complain about a guardian?
- If the incapacitated person is at risk of harm, financial exploitation, or any kind of abuse, call Adult Protective Services at 1-866-END HARM (1-866-363-4276).
- If you do not have an attorney:
- Send a letter explaining your complaint to the clerk’s office at the Superior Court where the guardianship case is located.
- Upon receipt, the court may appoint a guardian ad litem to investigate, have the clerk set a court date, or deny your request.
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Where can I learn more about the rules and regulations certified professional guardians must follow?
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