§ 11.94.090. Court petition
(1) A person designated in RCW 11.94.100 may file a petition requesting that the court:
(a) Determine whether the power of attorney is in effect or has terminated;
(b) Compel the attorney-in-fact to submit the attorney-in-fact's accounts or report the attorney-in-fact's acts as attorney-in-fact to the principal, the spouse or 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 attorney-in-fact has failed to submit an accounting or report within sixty days after written request from the person filing the petition, however, a government agency charged with the protection of vulnerable adults may file a petition upon the attorney-in-fact's refusal or failure to submit an accounting upon written request and shall not be required to wait sixty days;
(c) Ratify past acts or approve proposed acts of the attorney-in-fact;
(d) Order the attorney-in-fact to exercise or refrain from exercising authority in a power of attorney in a particular manner or for a particular purpose;
(e) Modify the authority of an attorney-in-fact under a power of attorney;
(f) Remove the attorney-in-fact on a determination by the court of both of the following:
(i) The attorney-in-fact has violated or is unfit to perform the fiduciary duties under the power of attorney; and
(ii) The removal of the attorney-in-fact is in the best interest of the principal;
(g) Approve the resignation of the attorney-in-fact and approve the final accountings of the resigning attorney-in-fact if submitted, subject to any orders the court determines are necessary to protect the principal's interests;
(h) Confirm the authority of a successor attorney-in-fact to act under a power of attorney upon removal or resignation of the previous attorney-in-fact;
(i) Compel a third person to honor the authority of an attorney-in-fact, 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 attorney-in-fact to furnish a bond in an amount the court determines to be appropriate.
(2) The petition shall contain a statement identifying the principal's known immediate family members, and any other persons known to petitioner to be interested in the principal's welfare or the principal's estate, stating which of said persons have an interest in the action requested in the petition and explaining the determination of who is interested in the petition.
[2008 c 6 § 808; 2001 c 203 § 3.]
Notes:
Part headings not law -- Severability -- 2008 c 6: See RCW 26.60.900 and 26.60.901.
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Last modified: April 7, 2009