Power of Attorney Disputes

Execution of a valid Power of Attorney often keeps the Principal’s affairs out of the court system. However, a court petition may be needed to resolve a dispute over such issues as the validity of a Power of Attorney and whether the Agent should be removed for misusing his or her authority.

Washington law permits a court petition to be filed asking the court to:

Determine whether the Power of Attorney has been activated or terminated.
Revoke a Power of Attorney obtained through fraud or undue influence.
Compel the Agent to produce an accounting of actions taken on behalf of the Principal, including disposition of the Principal’s assets, if the Agent failed to produce an accounting within 60 days of a written request from the person filing the petition.
Ratify past acts or approve proposed acts of the Agent.
Order the Agent to exercise or refrain from exercising his or her authority in a particular manner or for a particular purpose.
Modify the authority of the Agent under the Power of Attorney.
Remove the Agent, if the court finds that the Agent has violated or is unfit to perform his or her duties, and that the Agent’s removal is in the Principal’s best interest.
Compel a third party to honor the authority of the Agent.

In ruling on a petition, the court may award costs, including reasonable attorneys’ fees, to any person participating in the proceedings from any other person participating in the proceedings, or from the assets of the Principal, as the court determines to be equitable. However, in a proceeding to compel a third party to accept a Power of Attorney, costs may be assessed against the third party only if the court determines that the third party did not have a good faith concern that the Agent’s exercise of authority would be improper.

If you need assistance with any matter involving a Power of Attorney please call us at (425) 455-5513, toll free at (877) 455-5513, or send us an email.