11.94.100 - Persons allowed to file court petition. - Washington Statutes

Persons allowed to file court petition.

(1) A petition may be filed under RCW 11.94.090 by any of the following persons:

     (a) The attorney-in-fact;

     (b) The principal;

     (c) The spouse or domestic partner of the principal;

     (d) The guardian of the estate or person of the principal; or

     (e) 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.

     (2) Notwithstanding RCW 11.94.080, the principal may specify in the power of attorney by name certain persons who shall have no authority to bring a petition under RCW 11.94.090 with respect to the power of attorney. This provision is enforceable:

     (a) If the person so named is not at the time of filing the petition the guardian of the principal;

     (b) If at the time of signing the power of attorney the principal was represented by an attorney who advised the principal regarding the power of attorney and who signed a certificate at the time of execution of the power of attorney, stating that the attorney has advised the principal concerning his or her rights, the applicable law, and the effect and consequences of executing the power of attorney; or

     (c) If (a) and (b) of this subsection do not apply, unless the person so named can establish that the principal was unduly influenced by another or under mistaken beliefs when excluding the person from the petition process, or unless the person named is a government agency charged with protection of vulnerable adults.

[2008 c 6 § 809; 2001 c 203 § 4.]

Notes: Part headings not law -- Severability -- 2008 c 6: See RCW 26.60.900 and 26.60.901.