Links
Guardianship Organizations
Guardianship Services of Seattle GSS is a Certified Professional Guardian Agency, and a Washington Chartered Trust Company. Established in 1985, the oldest firm of its kind in Washington, and most other places as well. We provide:
Trusts • Guardianships • Probate • Powers of Attorney • Care Management
Regulators
Certified Professional Guardian Board Professional Guardians are required to have training, certification and must comply with Standards of Practice created by the CPGB. This site includes a listing of every Certified Professional Guardian in Washington.
Certified Professional Guardianship Program Rules
Standards of Practice, Rule 400
Department of Financial Institutions DFI regulates and examines a variety of state chartered financial services. The Department also provides education and outreach to protect consumers from financial fraud.
Laws
Revised Code of Washington
Guardianships:
RCW 11.88 Appointment of Guardian.
RCW 11.92 Duties of Guardian
RCW 11.88 and 11.92 were repealed entirely and replaced with new and different procedures and requirements by RCW 11.130 the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act effective January 1, 2021
In the 2020 Regular Session of the legislature SSB 6287 has been introduced with many adjustments to the language of the new law. The legislative summary page is here
Bill Information Legislation pending or passed by the legislature can be found here.
Washington Administrative Code
WAC 388-78A-2470 Disqualifying criminal history results for boarding homes.
WAC 388-79 Payment of Guardian Fees in “Medicaid cases”
WAC 182-502-0160 Supplementing Medicaid payments for residential care. See Section (5); also see DSHS Form 13-879,
WAC 182-512-0250 Availability of Resources. (unavailable assets may be disregarded) Resources defined here.
WAC 183-503-0090 Exceptions to Rule (ETR) for Medicaid. Here is additional information
Court Rules
(SPR) 98.16(w)Washington Special Special Proceedings Rule Settlement of Claims of Minors and Incapacitated Persons
GR 15 Destruction, Sealing, and Redaction of Court Records
GR 22 Access to Family Law and Guardianship Court Records
GR 23 The rule for certification of professional guardians.
GR 31 Access to Court Records. Requires redacting of names of minors, account numbers and social security numbers in court filings.
RPCs Rules of Professional Conduct for lawyers
Federal
Code of Federal Regulations Search page for CFR sections
US Code Title 42 Section 1396p This is the federal statute that sets the requirements for self funded Special Needs Trusts, aka d4A trusts. Look for section (d)(4)(A) and (C), about 3/4 way to the end of the page.
SSI POMS (Program Operations Manual System) This is the Rule Book for SSI eligibility
SSI Policies for Trusts Section I, about 2/3 way down the page, sets out rules for distributions from trusts, like special needs trusts, that are not a resource. Includes rules on in-kind support, gift cards, True Link cards, payments to third parties, ABLE accounts and other spending that is not treated as income.
On Line Access to Court Records
Searches by Cause (Case) numbers work best. Always use last name first
King County Superior Court Clerk.
Look at the menu that is part of the banner at the top of the page. Choose to search by Case Number or by Name of person. From the drop down menu choose “Civil, Criminal, Family Law Cases”. From the search page choose “Case Type 4, Probate/Guardianship” (trusts are included in results). It is best to avoid using the date range function, which seems marginally functional. Copies of documents can be downloaded for holders of accounts, which can be set up on line.
Pierce County Legal Information Network Exchange (LINX)
Choose “Superior Court Cases” at top of left hand column. Choose Cause Number or Name search. Check the circle for “Type” and pick “Probate/Guardianships” (trusts are included in results). When searching by name do insert a date range. It seems to look for the date the case was first filed, not dates of other filings. Copies of documents can be ordered ala carte.
All other Washington Counties Odyssey Portal – Washington Courts Online Case Search
Scroll down the page to the two large boxes. For court records, choose “Smart Search”, for hearing dates choose “Search Hearings”. Name searches will give everyone with a record who has the same name.
Lawyers and Legal Resources
Washington State Bar Association Membership Directory. This is a good place to get the address, phone and e-mail address for an attorney. Excellent search function.
NAELA Directory National Academy of Elder Law Attorneys. This is a good source for finding qualified attorneys in all parts of the country for guardianship, trust disability and elder law issues. Can search by city or zip code.
National Elder Law Foundation A national organization certifying practitioners of elder and special needs law. Also has a good search function.
Washington Law Help Excellent source of information about Medicare, Medicaid, COPES, and other government benefits; as well as information about housing, family law, consumer and debt issues, domestic violence, and other important material for helping low-Income people find solutions to civil legal problems .
Forms
King County Guardianship Forms ⌁ ⌁ Spokane County Guardianship Forms
Establishing a Guardianship. PDF from King County, step by step instructions and forms.
IRS SS-4 Instructions SS-4 Instructions The SS-4 is an IRS application for Employer ID number.
Vital Records, Unclaimed Property
Vital Records Birth, Marriage, Divorce and Death All states. This is a page from Cyndi’s List, the genealogical website.
Washington State Unclaimed Property Division Did you know that the state of Washington is searching for the rightful owners of approximately $300 million in unclaimed property? Your chances are one in seven that you have unclaimed property with a cash value being held by the state.
Employment, Licensing and Business Information
Washington Secretary of State Corporations Division
RCW 50.04.140 Employment — Exception tests. Defines the two tests to distinguish private contractor from employee.
IRS Publication: Topic No. 762 Independent Contractor vs. Employee. Before you can determine how to treat payments you make for services, you must first know the business relationship that exists between you and the person performing the services. Violations of these rules hiring caregivers are very common.
Starting a Business Washington Department of Licensing Step by step process to determine all of the registrations, licenses and other requirements to legally run your business.
Registration Forms for corporations and partnerships from Washington Secretary of State
Vehicles/ Driving
Department of Licensing: Vehicles
Sellers Report of Sale ⌁ ⌁ Affidavit of Lost Title
Disabled Driver’s Parking Applications
Other Resources
Designated Crisis Responders DCRs conduct evaluations for involuntary mental commitment. This is a list of DCRs for each Washington county.
ARC of Washington Since 1936, The Arc of Washington State has been a champion for people with intellectual/developmental disabilities and their families. Terrific Resources page.
Trips Inc. Special Adventures provides travel outings to adults of various abilities in a safe, respectful and fun atmosphere. Our trips are designed for people with developmental disabilities
Do Not Call Registry Federal program to register phone numbers so that telemarketers are banned from calling
V. Spino Bonding Good source for guardian and trustee (aka fiduciary and probate) bonds in Seattle . Click on “Rates” button to learn what bonds cost.
Fiduciary Homes Sam Forselius, former GSS property manager and current John L. Scott real estate agent. Sam is an experienced fiduciary real estate specialist. As the agent for the buyer or seller, Sam works with professional fiduciaries and family to follow, track and communicate the special requirements that are involved.
National Association of Professional Care Managers Aging Life Care Experts have specialized degrees and experience in human services, such as social work, psychology, gerontology or nursing, and are expected to adhere to ALCA Standards of Practice and Code of Ethics.
National Association of Professional Organizers Home organizers can help with elders downsizing to retirement living, hoarders and collectors and others with cluttered living spaces. Site has a nifty search function to locate professionals who specialize.
Movies
I appreciate movies, the ones listed here are ones I think give a fair and non-exploitative picture of people and situations that guardians and trustees commonly experience. These are all first rate movies in their own right, the good stories being told just happen to coincide with my professional life. Nominations welcome. —Tom O’Brien
A Separation Acadamy award winning Iranian film depicting a universal caregiving/caregiver situation; and a depiction of the surprisingly (to many) humane legal system in Iran. netflix link
Whats Eating Gilbert Grape So, many years ago when I was watching this, at about 1/3 of the way through the movie, I started to wonder how they got such a good performance from a guy with intellectual disabilities and difficult behavior. Movie making includes a lot of starts and stops and re-takes and such. Only then then it come to me that it was an actor, not a real person. He is that good.
Take Shelter This must be as close as fiction can get to the subjective experience of the onset of a mental illness.
Win Win Guardians get very bad press, and occasionally the press is right. Here is one way things go bad; almost, but not quite, understandably.
Enemy of the State Big budget action movie with big stars. What happens to the main character is, I think, exactly how a person with paranoid schizophrenia and fixed delusions seems to experience the world, and they can respond a lot like the guy in the movie does. Its easy to discount a person running down the street in a bathrobe, but imagine how it feels to the person in the bathrobe.