[WSBAPT] Signing Deed under POA

[Jeanne Dawes]

Jennifer,

You need to make sure the DPA authorizes the AIF to make gifts, and determine if there are any limitations on gift giving.  If gifting is authorized by the DPA then the signature line would look like this.


__________________________________
Principal’s Name, By:  Agent’s Name,
Attorney-in-Fact.

I typically have the agent sign in the same manner, but I’ve seen where the agent just signs the principal’s name.  I typically do not recite information about the Durable Power of Attorney in the Deed.  The Grantee will want to keep a copy of the Durable Power of Attorney with their documents, and if it is not recorded, it must be recorded in the county where the property is situated prior to signing the deed.

Hope this helps.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Sohn
Sent: Monday, April 18, 2016 9:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Signing Deed under POA

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<mailto:jennifer at sohn-law.com>

http://www.sohn-law.com<http://www.sohn-law.com/>



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