[WSBARP] use of POA to act as Admin intestate probate?

[Melinda Grout]

PC needs to open intestate probate.  The 1st in line statutorily to serve as Administrator is the elderly parent “P” who has dementia and lives in care facility out of the area.  Due to dementia, clearly P cannot sign Waiver and Consent to Appointment.  

PC is statutorily next in line to serve as Administrator.   PC is AIF for P.   Of course the POA does not specify such matters, but has good “all powers” language.  Will the Commissioner accept PC as Administrator under this scenario ?  

If not, providing court with evidence of P’s incapacity, through copy of Care Plan, might work?  

In Snohomish County.

Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com

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