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Commission pauses cemetery-lot transfer after power-of-attorney issues; probate recommended
Summary
A proposed transfer of cemetery lots was not approved after staff identified that the power of attorney presented was for a deceased person and therefore not valid; commissioners advised probate or a small estate affidavit as remedies.
The commission reviewed a request to transfer cemetery lots in Section 19, lots 15–19, graves 1, from Don Cowdell to Rod Cowdell. During the May 12 meeting staff raised concerns that the power of attorney submitted with the application referred to the applicant’s mother and not the decedent, and that the POA was no longer valid because the principal is deceased.
County staff told the commission they could not accept signatures made on behalf of a deceased person using another deceased person’s POA and recommended alternatives: open probate to transfer ownership or file a small estate affidavit if the estate meets the statutory threshold. Commissioners agreed the submitted paperwork was not sufficient to complete the transfer and asked staff to follow up with the applicant with instructions on next steps.
No transfer was approved at the meeting; staff offered to help the applicant by discussing probate or affidavit options by phone.
