[WSBAPT] Enforcement of Durable Power of Attorney

[Tom J. Westbrook]

Isn't one option to record the DPOA with the County Auditor and provide
the bank a copy of the recorded document. 

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

 

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

 

The information contained in this email and attachment(s) are for the
exclusive use of the addressee(s) and may contain private, privileged
and/or confidential information.  If you are not the addressee, you are
strictly prohibited from reading, photocopying, distributing or
otherwise using this email or its contents in any way. If you have
received this communication in error, please notify us immediately by
telephone at 360-352-8311 or by e-mail to reception at buddbaylaw.com, and
destroy the original message from your electronic files.

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Denver Gant
Sent: Wednesday, September 02, 2015 9:39 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Enforcement of Durable Power of Attorney

 

All:

 

A bank is refusing to accept a copy of the durable power of attorney
(DPOA) the attorney-in-fact presented to it.  It maintains that it needs
the original, which, of course, cannot be located.  The principal is out
of the area for the better part of a couple years and creating a new
original is not feasible.

 

Therefore, I need to prepare the affidavit contemplated under RCW
11.94.040 for the attorney-in-fact to present to the bank.  Does anyone
have a copy of the affidavit they would be willing to share?  Also, in
addition to threatening to bring an action to compel the bank to honor
the DPOA, does any have an advice on how best to proceed or what has
worked best for them when faced with a similar situation?

 

Thanks in advance,

 

Denver

 

Denver R. Gant 

Veris Law Group PLLC

1809 Seventh Avenue, Suite 1400

Seattle, WA 98101

Direct: (206) 829-8712

Main: (206) 829-9590

denver at verislawgroup.com

www.verislawgroup.com <http://www.verislawgroup.com/>  

 

IRS Circular 230 Disclosure: Any federal tax advice contained in this
email is not intended or written to be used, and cannot be used, for the
purpose of (i) avoiding tax-related penalties under the Internal Revenue
Code, or (ii) promoting, marketing, or recommending to another person
any tax-related matter.


Confidentiality Notice: This email is confidential and may be
attorney-client privileged. If you are not the intended recipient,
please do not print, copy, retransmit, or otherwise use any information
in this email. Please indicate to the sender that you have received this
email in error and delete the copy you received.
P Please consider the environment before printing this email.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150902/7751a34a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 2633 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150902/7751a34a/image003.jpg>