Certified Professional Guardianship Board

ADMINISTRATIVE OFFICE OF THE COURTS

Dawn Marie Rubio

State Court Administrator

SUGGESTED AMENDMENTS TO GENERAL RULE (GR) 23

Rule for Certifying Professional guardians

(A) Name of Proponent:    Certified Professional Guardianship Board (“Board” herein)

(B) Spokesperson:             Judge Rachelle Anderson, Chair, Certified Professional

Guardianship Board

(C) Purpose:   The suggested amendments aim to align General Rule 23 with changes to nomenclature and qualifications of guardians pursuant to the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (or “UGA”) as codified at RCW 11.130.  The UGA becomes effective on January 1, 2022, with the exception of the provisions covering minor guardianship, which become effective January 1. 2021.  The suggested amendments also propose to change the formal education requirement for professional guardians currently contained in GR 23.  The Board requests the Court to consider whether the profession may benefit from allowing individuals to become certified who may have lacked access to higher education, but who possess substantial relevant experience and complete Board required training. 

Introduction

A guardian is a person appointed by the superior court to make decisions on behalf of a person who does not possess legal capacity.  A guardian may be appointed to make all decisions on behalf of a person (full guardianship) or a defined decision or subset of decisions (limited guardianship).  Further, a guardian may be appointed to make decisions with respect to health, safety and welfare of an individual (guardian of the person) or with respect to an individual’s finances (guardian of the estate) or both.

The superior court may appoint as guardian a family member, friend, volunteer, or a “professional guardian.” A professional guardian is paid to provide guardianship services to three or more persons under both current law and the UGA. See RCW 11.88.008 and RCW 11.130.010 (26). 

To qualify for appointment by the superior court, a professional guardian must meet the certification requirements established by the administrator of the courts under current law and the UGA. See RCW 11.88.020(1) and RCW 11.130.090(1) (with limited statutory exceptions).  Certification requirements include completion of training as determined by the Board. The Supreme Court delegated authority and responsibility to develop, adopt and implement regulations governing certification, minimum standards of practice, training, and discipline of professional guardians, to protect the public and facilitate the delivery of competent and ethical guardianship services to the Board in General Rule 23.

I.                    Align GR 23 with nomenclature and guardian qualifications of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGA)

The UGA promotes using person-centered language including replacing the terms “ward” and “incapacitated person” with “individual subject to guardianship or conservatorship.”  The UGA also introduces “conservatorship” in lieu of “guardian of the estate.”  The UGA includes sections providing for court orders of a protective arrangement for an individual in lieu of guardianship or conservatorship, but based upon the same capacity determinations.  The UGA also focuses on lesser restrictive alternatives, including provisions governing supported decision making agreements.

The suggested changes include technical reference to the correct Chapters of the RCW.   Suggested changes include replacing the terms “guardian of the estate,” “guardianship of the estate” and “incapacitated person” with “conservator,” “conservatorship” and “individual subject to guardianship” or “individual subject to conservatorship” respectively.  The suggested changes align the age requirements and define the criminal convictions, court or administrative proceedings findings that may disqualify an individual from certification, as well as required disclosures.  The suggested title of GR 23 and the Board’s name clarify that GR 23 governs both the practice of guardianship, which involves making decisions about the personal affairs of another person, and conservatorship, which involves management of another person’s property and financial affairs.  The suggested changes restate the functions of the Board as expressed by the Court in case law.

II. Change in the Formal Education Minimum Requirement

Currently, GR 23 requires that an applicant possess a minimum of a two year associates degree to qualify for certification.  The Board considered the various complex pros and cons of retaining the formal education minimum requirement.  Ultimately, the Board concluded that it would be making an important statement about diversity and inclusion by suggesting changing the requirement.  This suggestion acknowledges that the post-secondary education requirement has acted as a barrier for communities within the state that have historically not had resources and access to higher education.  Further, the Board bases it recommendation on the pillars of the substantial relevant experience requirement (five years) and the robust training program that the Board requires applicants to complete, in addition to meeting all other application requirements.

Another key consideration was that of language and cultural competency of CPG services and the needs of underserved communities.  The Board took note of the issue of underserved communities across the state.  This suggested change may allow Washington’s vulnerable populations to be better served by establishing a path for individuals who for historical reasons have not had access to higher education, but bring knowledge, skills and competencies of great value to Washington’s diverse population of vulnerable individuals.

Recommendations

The Board considered these suggestions and voted to approve the suggested amendments.