[WSBAPT] UPAA & UFADAA

[Melinda Grout]

Hi Heather,

I have been grappling with the new statute all day, and feel pretty good that there aren’t too many big changes to what I have been doing anyway, so am tweaking a little language, but not doing a whole redraft.  However, I see in your earlier post that you felt the need to rewrite your POA, and now I’m feeling a little less certain.  Would you be willing to share what you have come up with?

I do think I am going to start providing a generic Agent’s Duties explanatory document, as an FYI, with the copies I have my clients send to their nominated agents. Copy attached.

In the past I have simply included within the POA itself a “Fiduciary Duties” provision: 
10. Fiduciary Duties and Indemnity.  The Attorney in Fact is by law a fiduciary of the Principal, and shall comply with the law of the State of Washington as established in Moon v. Phipps, 67 Wn.2d 948, 411 P.2d 157 (1966), which requires that a fiduciary, in handling the Principal’s property, must exercise the utmost good faith, must disclose fully all facts relating to the fiduciary’s interest in the fiduciary’s actions affecting the property involved, and must use the Principal’s property solely for the Principal’s benefit. The estate of the Principal shall hold harmless and indemnify the Attorney in Fact from all liability for acts done in good faith, provided they are in full compliance with of this section, and not in fraud of the Principal.


Thanks for any thoughts you have, and in advance for sharing your new dpoa if you so choose.


Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com

NOTE:  
1.  This office does not accept service of pleadings or process service by e-mail or fax except with the express prior permission of the intended recipient.
2. This email address is not monitored at all times. If your matter is urgent, please phone my office.
3.  Messages sent to or from my office via email are not encrypted and not secure.
4.  This email may contain confidential material protected by attorney/client privilege, and is intended for use solely by the above referenced recipient. Any review, copying, printing, disclosure, distribution, or other use is strictly prohibited and may be unlawful. If you are not the named recipient, or may have received this email in error, please reply to sender and delete the copy you received. 
5.  This message does not provide any legal advice, or imply an attorney-client relationship, and does not contain the signature of the sender or any other party.  You are not a client of this law firm unless you have paid a retainer and signed an attorney/client agreement for representation on a particular matter.



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170102/0b8e12c5/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: DPOA - DUTIES OF AIF Attorney in Fact under Uniform POA Act 2017.docx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 171096 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170102/0b8e12c5/DPOA-DUTIESOFAIFAttorneyinFactunderUniformPOAAct2017.docx>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170102/0b8e12c5/attachment-0001.html>