Public guardianship office would advocate for persons with limited mental capacity

OLYMPIA – When a person is unable to make legal, financial or health decisions, a court can appoint a guardian to help in managing his or her affairs.

Concerned about the approximately 4,500 Washington residents who need guardianship services, Sen. Rosa Franklin, D-Tacoma, sponsored Senate Bill 5320, to create an Office of Public Guardianship. The bill passed today in the Senate by a vote of 44 yeas, 1 excused and will move to the House of Representatives for further consideration.

“I have heard from nurses who have told me that some of their patients don’t have anyone to speak on their behalf, especially about treatment options,” said Franklin, a former registered nurse with 42 years of experience. “This bill ensures that an individual’s rights are respected and not being intruded upon.”

SB 5320 would establish the Office of Public Guardianship as an independent agency of the judicial branch. The agency would contract with public or private organizations to provide guardianship services to those older than 18, whose income doesn’t exceed 200 percent of the federal poverty level or are receiving long-term care by the state Department of Social and Health Services. Initial services would be delivered through a pilot program, with offices in one rural and one urban area. The organization providing the guardianship services would not be compensated for services rendered if they are serving more than 20 incapacitated persons per certified professional guardian.

Additionally, public guardians would have to be certified annually, visit each person under the guardian’s care at least once a month and evaluate the need to continue guardianship for each person served.

“I worry about people getting taken advantage of,” Franklin said. “I would hate to see someone in dire straits because he or she thought a person who was serving their best interest turned out to be unscrupulous.”

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