Certified Professional Guardianship and Conservatorship Board
Background
History of the Board - Professional Guardians in Washington
Before General Rule 23 Was Written and Adopted
Prior to General Rule 23 (GR 23), guardians appointed by the court derived their authority to act from Chapter 11.88 RCW. There was no regulatory system in place other than statutory compliance over those individuals who were appointed to serve as guardians for incapacitated persons (I.P.s) in Washington as defined by the law at that time. During the 1997 legislative session, the Legislature addressed issues relating to the certification of guardians under Title 11 of the Revised Code of Washington (RCW), and made progressive and broad sweeping changes.
As defined by the Legislature in 1997, a "professional guardian" was one who acts as a guardian under Chapter 11.88 RCW for a fee for three or more non-family members. Therefore, guardians who do not collect fees, who only act on behalf of their family members, or who have fewer than three cases would not need certification. A judge who wished to appoint a professional guardian appointed only those professional guardians who had met the certification guidelines developed by the Administrative Office of the Courts (AOC).
The Original Study Group
The 1997 Legislature directed the AOC to convene a study group to assist the AOC in making recommendations for implementing a program on certifying professional guardians. Thurston County Superior Court Judge Paula Casey chaired the study group. Based upon the study group report, AOC made recommendations to the Supreme Court in December 1997.
The Rule Drafters: The Professional Guardian Certification Oversight Board
In response to the December 1997 report, by court order the Supreme Court established the Professional Guardian Certification Oversight Board (PGCO Board) in July 1998. The order gave the PGCO Board and the AOC responsibility for overseeing the implementation of the certification program and developing final recommendations on specific policies and procedures for a full certification program.
Adoption of the Rule
On October 19, 1999, the PGCO Board submitted its Final Report to the Supreme Court. On January 6, 2000, the Supreme Court adopted the Final Report as submitted and enacted Supreme Court General Rule GR 23. With the enactment of GR 23, the PGCO Board was dissolved and all members of the PGCO Board were appointed to the Certified Professional Guardianship Board (Board) chaired by Pierce County Superior Court Judge Marywave VanDeren.
The Regulations
The Board and the AOC worked together to develop application procedures and regulations, and to establish certification guidelines, guardian training, standards of practice, education regulations, ethics advisory opinion regulations and discipline regulations. The development of these rules and regulations was a comprehensive and in depth process.
Education and Testing
The original Supreme Court Order required the Board to "develop recommended policies and procedures for full certification, including preparation of a qualifying examination." The Board consulted with the state of Arizona regarding its private fiduciary certification program. The Board also consulted with the University of Washington regarding the time and expense of developing, administering and updating a proper, validated test. Based on the information gathered from Arizona, the University of Washington, and the Board's concerns, the Board recommended to the Supreme Court that regulations implementing this section be reserved. There was concern that the cost of developing and implementing a test might be prohibitive and that there was a higher priority demands for resources. The Board was advised that development and maintenance of a valid test and testing protocol, one that would be educationally valid and legally viable, was a significant undertaking. The Board concluded that emphasis on initial and continuing training was the preferred method. This education-based approach was adopted by the Court and remains in place today.
If the Supreme Court later concludes testing is necessary, then there must be an appropriate budget allocation sufficient to develop a testing program. The proposed examination should be linked to the training and designed to expand the learning experience based on the best model of adult learning.
The Provisional Period - Certification of the Existing Professional Guardians
It was decided to have provisional certification during the period the administrative rules were being written. The industry at that time had individuals needing to receive training, have backgrounds checked, and education/experience evaluated.
The Board spent many hours developing training. Mark Sideman, Education Director of the King County Bar Association and an adult educator, was given a contract to develop training and materials. James Degel, an attorney, guardian and PGCO Board member was the editor for the materials. The materials developed became the Washington State Training Manual. The first training was subsidized in part by the DSHS Aging and Disability Services Administration using money from the Older American's Act, Title VII. The $10,000 from DSHS was crucial to ensure the effort was financially possible.
The applications committee worked with the AOC to develop an application process that included fingerprint cards, criminal history checks, professional licensing checks, and a uniform application review.
The provisional certification and development of the application regulations presented numerous challenges including: the logistics of obtaining fingerprint and background checks; working with previously unregulated guardians who now needed to comply with detailed application requirements and forms; developing the training materials and forms; and orienting the AOC staff to the stringent demands of monitoring and certification of this new profession.
Uniform Guardianship, Conservatorship and Other Protective Arrangements Act ("UGA")
RCW 11.130 was adopted by the 2019 Legislature, and was substantially amended by the 2020 Legislature, effective with respect to adult guardianships and conservatorships on January 1, 2022. The UGA retains the same delineations for professionals in guardianship and conservatorship.
Supreme Court Rule GR 23 Amendments
The Supreme Court adopted amendments to GR 23 in 2021 that incorporates the updated nomenclature for professionals, to reflect the new terminology of Certified Professional Guardian and Conservators.
