[WSBAPT] New DPOA Law and Using DPOA in Favor of AIF

[Heather deVrieze]

Jacob, there is the provision in the new act limiting gifts in excess of tax exclusion amounts (11.125.390), but also the provisions of 11.125.140 regarding duties to act in good faith, loyally, and to keep estate plan intact. So that I think is better than what was there before.

That said, I think it will take a while for this to shake out and see what sort of new problems we find.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jacob Menashe
Sent: Friday, December 30, 2016 2:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] New DPOA Law and Using DPOA in Favor of AIF

The old DPOA statute – old, as of Sunday ☺ - had a limitation on exercising a power in favor of the holder of the DPOA. This was at 11.94.070, and referenced RCW 11.95.100. I am not finding corresponding language in the new statute. Am I am missing something? Does 11.95.100 – or some other authority – still limit when/how an AIF can use a DPOA in his or her favor?

I’m not sure who is still working at this point on Friday before our holiday weekend but Happy New Year to all!

Best,

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 202
Lynnwood, WA 98036
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