Powers of Attorney in Washington - Revision history

Craigtrummel at 20:17, 30 June 2020

2020-06-30T20:17:21Z

Craigtrummel at 20:16, 30 June 2020

2020-06-30T20:16:35Z

Craigtrummel: Created page with "Uniform Power of Attorney Act - RCW 11.125, effective 1.1.2017 WA POA are durable only if expressly stated as such. In addition to notary acknowledgment, a WA POA may be wit..."

2020-06-30T20:16:12Z

Created page with "Uniform Power of Attorney Act - RCW 11.125, effective 1.1.2017 WA POA are durable only if expressly stated as such. In addition to notary acknowledgment, a WA POA may be wit..."

New page

Uniform Power of Attorney Act - RCW 11.125, effective 1.1.2017

WA POA are durable only if expressly stated as such. In addition to notary acknowledgment, a WA POA may be witnessed by two individuals and be effective. The witnesses may not be related by blood, marriage, or domestic partnership. Care providers for the principal may not witness either.

WA POA is terminated by law upon filing for dissolution of marriage or filing for legal separation, when principal and agent are married. This is change from prior law where decree terminated. Dismissal or withdraw of petition reinstates the POA.

General authority of Attorney in fact for real property:
 Sell, exchange, convey [for market value, not gift or partial gift]
 Buy, lease, encumber, mortgage, subdivide  Release, assign or satisfy a mortgage [for appropriate consideration]
 Participate in reorganization of an entity owning title [but not change the equity of the principal or estate planning.]

Powers requiring an express grant in the POA:
 Create, amend, revoke, or terminate an inter vivos trust;
 Make a gift; [but subject to statutory limitations]
 Create or change rights of survivorship;
 Create or change a beneficiary designation;
 Delegate authority granted under the POA to anyone other than a co-agent;
 Exercise fiduciary powers that the principal has authority to delegate;
 Disclaim property.

TIME LIMITS TO ACCEPT A POA
A person shall either accept a POA or request a certification or translation within 7 business days after presentation of the POA;
If a certification or translation was requested, you shall accept the POA within 5 business days after
receipt

Bear in mind 11.125 imposes liability for refusal of POA, unless person is not otherwise required to engage in a transaction with the principal, which is a title insurer's out. We can demand a certificate/affidavit to underwrtie the POA.

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 General authority of Attorney in fact for real property:
  Sell, exchange, convey [for market value, not gift or partial gift]
  Buy, lease, encumber, mortgage, subdivide  Release, assign or satisfy a mortgage [for appropriate consideration]
  Participate in reorganization of an entity owning title [but not change the equity of the principal or estate planning.]
 Powers requiring an express grant in the POA:
  Create, amend, revoke, or terminate an inter vivos trust;
  Make a gift; [but subject to statutory limitations]
  Create or change rights of survivorship;
  Create or change a beneficiary designation;
  Delegate authority granted under the POA to anyone other than a co-agent;
  Exercise fiduciary powers that the principal has authority to delegate;
  Disclaim property.
 TIME LIMITS TO ACCEPT A POA
 A person shall either accept a POA or request a certification or translation within 7 business days after presentation of the POA;
 If a certification or translation was requested, you shall accept the POA within 5 business days after
 receipt
 Bear in mind 11.125 imposes liability for refusal of POA, unless person is not otherwise required to engage in a transaction with the principal, which is a title insurer's out.   We can demand a certificate/affidavit to underwrtie the POA.