[WSBAPT] Is Guardianship needed to transfer funds?

[Marcus Fry]

You do not mention, but the annuity company is requiring the POA to be notarized?  Use RCW 11.94 to have the court hold that the POA is valid and that the annuity company is directed to rely upon the same.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Gerald Sprute
Sent: Monday, September 14, 2015 11:42 AM
To: RPPT listserv; elder law
Subject: [WSBAPT] Is Guardianship needed to transfer funds?

Colleagues,

Client's mother has a $25,000 annuity that we are trying to transfer out of her name for Medicaid planning purposes.  She also has a POA that is not notarized, and she is now incapable of executing legal documents.  The annuity company requires a POA in order to transfer the funds.

Is there a way to transfer the annuity without going through the Guardianship procedure?



Jerry Sprute

Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151








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