The new law takes effect on January 1, 2022. It imposes many new requirements for routine guardianship matters. It will be difficult for guardians to comply with this transition to the new law. It will take more time and money. The information that follows helps explain why.
Here are a few of the changes the new law requires for routine guardianship matters that might apply in an individual case: (a) every guardian must keep a log; (b) more reports and court filings are required; (c) more information needs to be included in court filings: (d) more hearings are required; (e) more people need to be notified about filings and hearings (the Superintendent, the representative payee, the resident); (f) for out of state guardians, and those that live far away, there is now a requirement that a guardian actually visit the resident.
As DSHS continues to downsize the RHCs, and especially the ICF/IIDs, guardians should pay special attention to the new requirements for approving the move of a resident (or not) to a new home. In 2019, PAT A at Rainier School was closed and all the residents were moved out, many in the last couple of the weeks. Today PAT C is threatened. Guardians of Rainier School in particular need to consider whether they can meet the standard for approving (or refusing) a move before DSHS makes a request about a move. The years-long DSHS push to move residents move from ICF/IIDs is ongoing and will eventually arrive at an RHC near you. In addition, guardians will be required to provide a 14-day notice of a proposed move to the court, the resident and other interested parties before approving a move, with some limited exceptions, potentially triggering a live hearing.
It will be very challenging for individual guardians to meet all the new requirements and standards and all the new court procedures. Although the court might be understanding because the law is new, and there is only a little money available, there is always a risk of being removed as guardian for not following legal rules. Guardians might want to consider how they can reduce this risk, especially when they are making decisions about moving residents that DSHS might disagree with. Guardians choosing to use the state's "one size fits all" court forms should consider having legal counsel review them in advance.