Washington

Washington

Overview

Guardianship Laws

Wash. Rev. Code Ann. §§ 2.72.005 to .050; 11.88.005 to 11.92.190

Supported Decision-Making

Supported Decision-Making Statute

  • Supported Decision-Making Statute, as part of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act:
    • Codified at scattered sections of the Was. Rev. Code. (2020).
    • Link to Enacted Bill: https://app.leg.wa.gov/billsummary?BillNumber=5604&Year=2019&Initiative=false
  • Further Procedural Revisions Including SDM Provisions to the Guardianship and Conservatorship Statutes:
    • Codified at scattered sections of the Was. Rev. Code. (2020).
      Link to Enacted Bill: http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Session Laws/Senate/6287-S.SL.pdf?q=20210322130216
  • SDM Assistance Program, Effective until 01/01/2022, Authorizes the public guardianship administrator is authorized to establish and administer a public guardianship, supported decision-making assistance, and estate administration program
    • Codified at Wash. Rev. Code § 2.72.030.
      Link to Washington Code: app.leg.wa.gov/rcw/default.aspx?cite=2.72.030
  • Anti-Discrimination in Organ Transplants (includes SDM):

State Legislation

  • S.B. 6287, 66th Leg., Reg. Sess. (Wash. 2020)
    • Description: Revises provisions and established procedures and requirements for dependent adult guardianships and conservatorships.
    • Status: Enacted 4/02/2020 (see chapter no 312)
    • Public Link: [https://app.leg.wa.gov/billsummary?BillNumber=6287&Year=2019#documentSection]
  • S.B. 5604, 66th Leg., Reg. Sess. (Wash. 2019)
    • Description: Formally recognizes SDM as a less restrictive alternative to guardianship consistent with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
    • Status: Signed by Governor on May 21, 2019.  Effective date is January 1, 2021.
    • Public Link [app.leg.wa.gov/billsummary?BillNumber=5604&Year=2019&Initiative=false]
  • H.B. 1259, 66th Leg., Reg. Sess. (Wash. 2019)
    • Description: Would formally recognizes SDM as a less restrictive alternative to guardianship consistent with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
    • Status: Reintroduced and retained in present status on January 13, 2020
    • Public Link [app.leg.wa.gov/billsummary?BillNumber=1259&Initiative=false&Year=2019]
  • S.B. 5405, 66th Leg., Reg. Sess. (Wash. 2019)
    • Description: Prohibits discrimination against people based on certain disabilities in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
    • Status: Signed by Governor May 8, 2019
    • Public Link [app.leg.wa.gov/billsummary?BillNumber=5405&Initiative=false&Year=2019]
  • H.B. 1329, 66th Leg., Reg. Sess. (Wash. 2019)
    • Description: Incorporates additional “services that support decision-making” into the office of public guardian, including “SDM services” for adults when there is no one else qualified who is willing and able to serve.  However, the definition of “Supported Decision-Making Assistance” includes acting a substitute decision-maker, e.g., representative payee, an attorney-in-fact, a trustee, or a public guardian.  doesn’t sound like SDM.
    • Status:  Signed by Governor April 30, 2019
    • Public Link [app.leg.wa.gov/billsummary?BillNumber=5405&Initiative=false&Year=2019]
None found
  • H.B. 1139, 65th Leg., Reg. Sess. (Wash. 2017) – (Prior Bill: 2015 Bill Text WA H.B. 1839)
    • Description: To require the public guardianship administrator establish and administer “supported decision-making assistance” program, but the definition does not make it clear that the person is making his or her own decisions with support (e.g., the assistance includes, without limitation, acting as a representative payee, an attorney-in-fact, a trustee, and a public guardian”)
    • Status: Failed.  Last action: 1/8/18 – To House Committee on Judiciary
    • Public Link [app.leg.wa.gov/billsummary?BillNumber=1139&Year=2017&BillNumber=1139&Year=2017]
  • S. 5447, 65th Leg., Reg. Sess. (Wash 2017) – (Prior Bill: 2015 Bill Text WA S.B. 5786)
    • Description: To require the public guardianship administrator establish and administer “supported decision-making assistance” program, but the definition does not make it clear that the person is making his or her own decisions with support (e.g., the assistance includes, without limitation, acting as a representative payee, an attorney-in-fact, a trustee, and a public guardian”)
    • Status: Failed.  Passed out Senate on committee on Law and Justice on 1/11/18; indefinitely postponed by the Senate Committee on rules.
    • Public Link [https://app.leg.wa.gov/billsummary?BillNumber=5447&Year=2017&BillNumber=5447&Year=2017]

Case Law & Court Orders

None found

State Grant Programs

None awarded

Other Resources

Information Last Updated: July 21, 2022