[WSBAPT] UPAA & UFADAA

Mon Jan 2 19:32:16 PST 2017

I agree with Melinda, I found that my POA was for the most part already
compliant and I did some tweaking, but not a redraft. I would love to hear
maybe just the bullet points of what other attorneys found needed
redrafting to be certain that I am not missing something. I did attend the
CLE last month and for the most part the major changes and requirements
that was discussed is what I found needed tweaking or was already part of
my POA.

I would even be open to organizing an informal get together for attorneys
interested to discuss the new changes if there's interest.

Happy New Year!

Setareh

On Mon, Jan 2, 2017 at 4:20 PM, Melinda Grout <mkgroutlaw at gmail.com> wrote:

> 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 <(360)%20794-4322>  / Fax: 425-744-6745 <(425)%20744-6745>
>
> Emphasizing Estate Planning, Probate, and Elder Law
> mkgroutlaw.com
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-- 

Please always call 206-683-1006 or email before dropping by the office as I
could be in court or meetings. Thanks!

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

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