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Committee hears technical updates to guardianship law; advocates press for clarity
Summary
ESSB 5837 would make technical revisions to adult-guardianship provisions in the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, specifying when courts must appoint counsel and clarifying supported-decision-making agreement acceptance and third-party reliance.
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The committee heard ESSB 5837 on Feb. 18, a bill proposing technical changes to adult guardianship and supported decision-making provisions.
Committee staff summarized two primary revisions: clarifying when a court must appoint an attorney for a respondent (including when the respondent objects, requests appointment, or the court deems the respondent’s rights inadequately protected) and expanding provisions for supported decision-making agreements to allow third parties to request certification and, in some cases, decline to accept an agreement if certification is refused or a third party reasonably doubts the supporter’s authority.
Sen. Jamie Peterson (43rd LD) said the bill is the product of practitioner experience and was intentionally limited to technical, uncontroversial adult-guardianship changes after more ambitious earlier drafts prompted concern. Public testimony included opposition from a caller who argued the bill represents undue government control, while the sponsor and staff stressed the bill's narrow, clarifying purpose.
Committee members asked about consent and fiscal impact; sponsors said the supported-decision-making agreement is voluntary, and that there should be no state fiscal effect. The committee concluded the hearing after limited oral testimony.
