Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Property Transfer topic
No spam. Unsubscribe anytime.
Cemetery lot transfer put on hold after power-of-attorney concerns
Summary
The commission paused action on transferring cemetery lots from Don Cowdell to Rod Cowdell after an attorney-in-fact document appeared to apply to the wrong person and is invalid when the principal is deceased; staff advised probate or a small estate affidavit as remedies.
The commission considered a transfer of cemetery lots (Section 19, Lots 15–19) from Don Cowdell to Rod Cowdell but determined the supporting power of attorney was not valid for the transaction. Unidentified Speaker 2 told the commission the attached POA "is for his mother, not for him," and explained that a power of attorney becomes invalid when the principal is deceased. The speaker concluded, "I don't think we can do it. It's not good. In fact, I know we can't do it."
Commissioners discussed next steps for the family: possible probate or filing a small estate affidavit for estates valued under $100,000. The meeting record indicates staff offered to speak with the applicant and to provide guidance but no transfer action or formal approval occurred at the meeting.
Why this matters: Transfers of cemetery plots require valid legal documentation. The county will not process a transfer based on an invalid POA, and the family was advised of probate and small-estate procedures to correct title issues.
Next steps: Staff (and a commissioner who offered contact information) will follow up with the applicant to explain options, and the transfer will be reconsidered after proper legal documentation is provided.
