(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.