Washington Code 11.125.160 – Court petition — Who may file — Reasons may file
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(1) Except as otherwise provided in the power of attorney, the following persons may bring a petition described in subsection (2) of this section:
Terms Used In Washington Code 11.125.160
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(a) The principal or the agent;
(b) The spouse or state registered domestic partner of the principal;
(c) The guardian of the estate or person of the principal;
(d) Any other interested person, as long as the person demonstrates to the court’s satisfaction that the person is interested in the welfare of the principal and has a good faith belief that the court’s intervention is necessary, and that the principal is incapacitated at the time of filing the petition or otherwise unable to protect his or her own interests; and
(e) A person asked to accept the power of attorney.
(2) A person designated in subsection (1) of this section may file a petition requesting the court to construe a power of attorney or grant any other appropriate relief, including but not limited to:
(a) Determination of whether the power of attorney is in effect or has terminated;
(b) Compelling the agent to submit the agent’s accounts or report the agent’s acts as agent to the principal, the spouse or state registered domestic partner of the principal, the guardian of the person or the estate of the principal, or to any other person required by the court in its discretion, if the agent has not timely complied with a request under RCW 11.125.140(9). However, a government agency having authority to protect the welfare of the principal may file a petition upon the agent’s refusal or failure to submit an accounting upon written request and shall not be required to wait sixty days;
(c) Ratification of past acts or approval of proposed acts of the agent;
(d) Issuance of an order directing the agent to exercise or refrain from exercising authority in a power of attorney in a particular manner or for a particular purpose;
(e) Modification of the authority of an agent under a power of attorney;
(f) Removal of the agent on a determination by the court of both of the following:
(i) Determination that the agent has violated or is unfit to perform the fiduciary duties under the power of attorney; and
(ii) Determination that the removal of the agent is in the best interest of the principal;
(g) Approval of the resignation of the agent and approval of the final accountings of the resigning agent if submitted, subject to any orders the court determines are necessary to protect the principal’s interests;
(h) Confirmation of the authority of a successor agent to act under a power of attorney upon removal or resignation of the previous agent;
(i) Compelling a third person to honor the authority of an agent, provided that a third person may not be compelled to honor the agent’s authority if the principal could not compel the third person to act in the same circumstances;
(j) Order the agent to furnish a bond in an amount the court determines to be appropriate.
(3) Any action commenced under this section shall be subject to the notice requirements of chapter 11.96A RCW.
(4) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.
(5) Except as otherwise provided in RCW 11.125.200(3)(b), any action commenced under this section shall be subject to the provisions of RCW 11.96A.150.
[ 2016 c 209 § 116.]