Moeller continues work on legislation aimed at halting abuse of vulnerable people
OLYMPIA – A stronger new standard aimed at increasing supervision and accountability in Washington’s guardianship system is awaiting only the governor’s signature to become the law of the state.
State Rep. Jim Moeller prime sponsored House Bill 1053, which implements two recommendations from a 2009 report delivered by the Washington State Bar Association elder law section’s executive committee guardianship task force. The Bar Association sought Moeller’s prime-sponsorship for the measure and helped in its development. The task-force recommendations carried in the bill direct that:
* Lay guardians will receive free training, which will be available online from the state Administrative Office of the Courts or superior courts.
* Expiration dates will be set for letters of guardianship.
“A serious problem the legislation addresses is the fact that it’s been very difficult to determine the number and status of guardianships in Washington,” Moeller said.
“Certified professional guardians are appointed only about 16 percent of the time,” he continued. “By providing oversight for all guardianships, the bill will allow the courts to work at resolving problems, thereby preventing tragedies. The proposed training requirements would not be a burden on guardians or the courts, and would relate only to nonprofessional guardians appointed by the court.”
“This legislation is a first step in responding to the need for guardianship reform identified in the Bar Association’s Guardianship Task Force report,” said David Lord, an attorney with the Disability Rights Washington organization. “The report found that in many counties in the state there is no active monitoring of guardians.
“People who have disabilities and who are in a guardianship arrangement are especially vulnerable to abuse and exploitation,” Lord continued. “They need effective advocacy and support. This legislation will see to it that all guardianships have an expiration date requiring that the guardian obtain the court’s approval in order to continue to serve. As a result, we will no longer see guardianships going year after year without any reporting to the court.”
Louise Ryan, Washington State Long-Term Care Ombudsman, said that “I’m very pleased to see the passage of this bill and the added protections it will provide for vulnerable adults. I’m especially grateful for the requirement for a basic, no-cost training for family guardians.
“This training will provide basic knowledge as to how folks can best support their family member,” Ryan said.
“When one person assumes guardianship over another person,” she said, “one is taking on very serious responsibilities and duties to assure that the incapacitated adult retains an appropriate measure of choice. We have found that families don’t understand their responsibilities, and this training will help the new, lay guardian respect and understand up-front duties required of a guardian. I appreciate the efforts of Representative Moeller in securing widespread legislative support for this measure.”