[WSBAPT] UPAA & UFADAA
Thomas E. Gates
tegatesesq at gmail.com
Wed Dec 14 14:46:03 PST 2016
Well said. Thanks you!
Tom
Sent from my iPad
> On Dec 13, 2016, at 1:26 PM, Heather deVrieze <heatherd at westseattlelaw.com> wrote:
>
> I think a few of us have taken hours (days really) to review the bill, the new law, and in my case, completely rewriting my power of attorney template. I will gladly share forms on a case by case basis with attorneys who request it, but am somewhat loathe to put out forms that I have that much work product into out on a list serve with countless folks I don’t know, know how they will use, or even appreciate the work.
>
> I certainly don’t expect to bolster my practice with someone else’s forms without sharing in return.
>
> Heather
>
> Heather S. de Vrieze
> Attorney-at-Law
> <image003.jpg>
> 3909 California Avenue SW
> Seattle, WA 98116-3705
> (206)938-5500
> heatherd at westseattlelaw.com
> www.westseattlelaw.com
>
> Click here to connect with de Vrieze | Carney on Facebook: <image004.png>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.
>
> From: Eric Nelsen [mailto:Eric at sayrelawoffices.com]
> Sent: Tuesday, December 13, 2016 1:03 PM
> To: KCBA Real Property, Probate and Trust Law Discussion List <realpropertyprobatetrustlaw at lists.kcba.org>
> Subject: RE: UPAA & UFADAA
>
> Megan:
>
> Anything you offer is always greatly appreciated. I haven't anything to offer in return this time, so I'll stay off your list. But I really am grateful for your willingness to provide anything to anybody, because it raises the quality of legal services that the public receives.
>
> To all my colleagues:
>
> I'm not sure what has prompted this sudden change in tone among us here, after years of people genially and informally offering forms, case law, war stories, etc. Has someone had a recent bad experience in offering a form or opinions to a colleague and then getting flak about it because suddenly it wasn't good enough for the recipient?
>
> Personally I always take information received on the list serve as only the starting point for my own, independent, professional diligence. If I blindly use someone else's form and it turns out to be inadequate for my client's purpose, the fault is entirely mine. Same as if I get a case cite from someone else and don't bother to do my own follow-up research to verify it as current law.
>
> We aren't consumers, we are the professionals. We can't and shouldn't have to rely on other people to do our work. Any time we get the benefit of another's efforts, I think it should be appreciated for what it is: a gift, and a jump start toward meeting our own personal standards of professionalism. I don't think we should need a disclaimer or a bunch of express caveats from another lawyer to recognize that.
>
> I obviously don't speak for anyone but myself, but I just want to make it explicit: I greatly appreciate everyone's contributions to all the list serves I am on, both questions and in answers. The ongoing conversation not only gives me valuable information about many aspects of the law, but alerts me to issues that I had never even thought about before.
>
> I really cherish this conversation, and the collegiality, and the opportunity to interact with so many other lawyers. I think this is as close as we get one of the beneficial aspects of the practice of yesteryear, when the roster of lawyers was small and everybody knew everybody else, and a reputation for respectful professionalism was almost as important as knowledge of the law. I don't want to turn back the clock, but I sure want to stick with respectful professionalism.
>
> Thank you all.
>
> Sincerely,
>
> Eric
>
> Eric C. Nelsen
> SAYRE LAW OFFICES, PLLC
> 1417 31st Ave South
> Seattle WA 98144-3909
> phone 206-625-0092
> fax 206-625-9040
>
> Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.
>
> From: Megan S. Farr [mailto:MSF at farrlawgroup.com]
> Sent: Tuesday, December 13, 2016 9:04 AM
> To: KCBA Real Property, Probate and Trust Law Discussion List
> Subject: RE: UPAA & UFADAA
>
> All:
>
> A clarification: I am not going to email my new Power of Attorney template to a list of people of who contact me. I am, however, willing to trade templates with other attorneys in an effort to make all of our templates better, which will serve all of our clients well.
>
> Megan S. Farr
> Attorney | Farr Law Group, PLLC
> 1110 Stevenson Avenue, Suite 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
> 360.825.6581 (o) | 360.284.2354 (d) | 360.825.0780 (f) | MSF at FarrLawGroup.com | www.FarrLawGroup.com
>
> Our office has moved, and is now located at 1110 Stevenson Avenue, Suite 100, Enumclaw. Our telephone number and P.O. Box remain the same.
>
> This communication is intended only for the above-named recipient. It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential. If you are not the intended recipient, please immediately notify the above-named sender.
>
> From: Megan S. Farr
> Sent: Monday, December 12, 2016 5:13 PM
> To: KCBA Real Property, Probate and Trust Law Discussion List
> Subject: UPAA & UFADAA
>
> All:
>
> During last week’s KCBA RPPT CLE/meeting I discussed the Uniform Power of Attorney Act that will be effective on January 1, 2017.
>
> First, for any of you who have personally contacted me regarding templates for PoAs, etc., I will reply to you once I have updated my own (between Christmas and the New Year).
>
> Second, during last week’s conversation, we discussed including language in documents appointing fiduciaries (Wills, Trusts, Powers of Attorney) that allow the fiduciary access to digital assets in light of the Uniform Fiduciary Access to Digital Assets Act (UFADAA) that became effective June 9, 2016. It is codified at RCW 11.120.
>
> In regard to language to add to estate planning templates, RCW 11.120.040(2) allows the user of digital assets to plan ahead in regards to whom may or may not access his/her digital assets by giving permission in his/her estate planning documents: “If a user has not used an online tool to give direction under subsection (1) of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.”
>
> Happy drafting!
>
> Megan S. Farr
> Attorney | Farr Law Group, PLLC
> 1110 Stevenson Avenue, Suite 100 | P.O. Box 890 | Enumclaw, WA 98022-0890
> 360.825.6581 (o) | 360.284.2354 (d) | 360.825.0780 (f) | MSF at FarrLawGroup.com | www.FarrLawGroup.com
>
> Our office has moved, and is now located at 1110 Stevenson Avenue, Suite 100, Enumclaw. Our telephone number and P.O. Box remain the same.
>
> This communication is intended only for the above-named recipient. It might contain information that is subject to the attorney-client privilege and/or is otherwise confidential. If you are not the intended recipient, please immediately notify the above-named sender.
> ---
> King County Bar Association
> 1200 5th Ave, Suite 700
> Seattle, WA 98101
>
> ***Notices from King County Bar Association are intended to be a service.
> To unsubscribe click here: http://www.kcba.org/unsubscribe.aspx?listnm=realpropertyprobatetrustlaw&emailad=eric@sayrelawoffices.com
>
>
>
> ---
> King County Bar Association
> 1200 5th Ave, Suite 700
> Seattle, WA 98101
>
> ***Notices from King County Bar Association are intended to be a service.
> To unsubscribe click here: http://www.kcba.org/unsubscribe.aspx?listnm=realpropertyprobatetrustlaw&emailad=heatherd@westseattlelaw.com
>
>
>
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