[WSBAPT] Uniform POA Act

[Maureen Wickert]

I brought this up at a CLE. The conclusion -- no certificate was necessary.  I was directed to the first line of Section 116(1) “Except as otherwise provided in the power of attorney…” interpreted broadly provides for the possibility a principal may identify who should not petition the court. 

 

It would be good to hear if someone thinks differently. 

 

 

Very truly yours,

Maureen A. Wickert, Attorney at Law



14900 Interurban Avenue South, Suite 255

        Tukwila, WA 98168

       Phone: 206-859-5502

         Fax: 206-260-9005

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

        <mailto:wickertlaw at comcast.net> wickertlaw at comcast.net

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan
Sent: August 9, 2016 19:01
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Cc: WSBA-RP <wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBAPT] Uniform POA Act

 

Listmates:

 

The uniform POA Act is effective 1/1/17. 

 

If I'm doing a POA that specifies someone cannot bring a petition per RCW 11.94.100(2), will the limitation still be respected next year? (I think so.)

 

The new bill (I don't have the cite - somewhere between Section 115 and 120) appears to allow the POA to provide otherwise without the formality of the attorney certificate. Right?

 

Thanks. 

 

John J. Sullivan

 

Sent from my iPhone

 

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