[WSBAPT] Signing Deed under POA

[Jennifer Sohn]

A client of mine (daughter) was appointed as an agent of a principal
(father) under a Durable Power of Attorney. The DPA comes into effect once
the principal become incapacitated, and a third party can rely on the
agent's written statement that this contingency happened.

The principal is now mentally incapacitated, and the agent needs to sign a
deed on his behalf to gift a house (to which the principal has 25%
interest) to the agent's children. How does the agent sign on the deed? Is
it "XXX, as agent for YYY under the Durable Power of Attorney, executed on
[date], recorded under Auditor's recording number #### on [date]"? Or, is
there a simpler or different way?

Also, my client's mother is also incapacitated and also had appointed my
client as the agent in a DPA. Both DPAs state that the principals (father
and mother) appoint my client (daughter) *AND* the principal's spouse (my
client's mother or father) "*OR* either one of them". So, in the deed where
the principal (father) gifts his interest to my client (daughter), it is
okay for only my client to sign, or does she also need to sign as an agent
for her mother too in her capacity as an agent under the mother's DPA?

Thanks.


-- 

Best regards,



Jennifer Y. Sohn

Attorney at Law

(Licensed in CA and WA)

Sohn Law PLLC

10900 NE 4th Street, Suite 1850

Bellevue, WA 98004

Tel: 206.617.7874 / 425.633.2678

Fax: 425.732.9748

Email: jennifer at sohn-law.com

http://www.sohn-law.com



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