Guardianship, Conservatorship or POA

Generally, if Anita lacks capacity, then the POA is no longer effective (there are exceptions that depend on the nature of the POA document).

You should review the following: https://www.courts.wa.gov/guardianp... Law RCW 11.130 effective January 1, 2022.pdf

 

The courts are likely to just accept the reports and keep hands off unless a problem arises or somebody challenges something.

That's easy. Greed. The family is concerned about getting Anita's assets when she dies and doesn't want Frederick to get any.

The first thing a G/C is likely to do is revoke the POA so that Frederick no longer has any authority.

 

If it's a "standard" POA, and if Anita is legally incompetent, then Frederick no longer has any authority now.

 

You know that and I know that.

Does Frederick know that?

 

What is your connection to this situation?

I'm not sure what "the family" means, but no family member (either acting alone or in concert) can appoint a guardian/conservator. Only a judge can do that.

Answering these questions in the abstract would be of no value. The family member(s) who want to seek a guardianship/conservatorship should consult with a local attorney for a thorough review of the situation and advice. Among other things, a lot will depend on why the family member(s) want to put a guardian/conservator in place, whether it will relate only to the person only to the estate or both, and a lot of other facts unique to the situation.

 

Then they should consult with a local attorney who handles elder law matters.

Are you intending to relay the responses you receive here to the family members? Did they ask you to poke around for this? In any event:

To the best of my knowledge, no Washington attorneys follow these boards. In the states about which I have knowledge no such process exists, unless there is a dispute.

That's common.

Depends on the facts and circumstances, the applicable law, and local custom/practice.

Impossible to answer intelligently in the abstract.