[WSBAPT] Certification Forms for Durable Power of Attorneys

[Douglas Bratt]

Maureen:

Thank you for your suggestion.

I had intended to use the form in 11.125.430, given that that is all that we have available to us at this point, but I wanted to know if anyone had any other bright ideas that related back to the statutes under which the pre-January 1, 2017, DPA's had been prepared.  I happen to remember there was an authentication form available under that statute, using, I believe, an Affidavit.

Happy 4th of July, everyone.

Regards,

Doug Bratt


Douglas J. Bratt
Lawyer

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Maureen Wickert
Sent: Thursday, June 29, 2017 6:31 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Certification Forms for Durable Power of Attorneys

What about using the form provided in RCW 11.125.430 with an added paragraph concerning the validity of the pre-2017 DPOA and that the named "attorney in fact" is also referred to as the "agent" for identification purposes?

Very truly yours,
Maureen A. Wickert, Attorney at Law
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       wickertlaw at comcast.net<mailto:wickertlaw at comcast.net>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: June 28, 2017 16:51
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Certification Forms for Durable Power of Attorneys

Hello Listmates:

Those of us who have worked on re-working our DPA forms are well aware that DPA's executed after January 1, 2017, are, of course, governed by RCW 11.125.  But, those DPA's executed prior to January 1, 2017, are still deemed valid.

My question has to do with a springing DPA, signed prior to January 1, 2017.  I recall that there was a process set out in RCW Chapter 11.94 for an Attorney-in-Fact to sign an affidavit confirming the validity of the DPA under which the AIF was acting.  Yet, RCW 11.94 has now been repealed.

My guess would be that the RCW 11.125.190 Certification is the only statute by which any DPA can be confirmed as being currently effective, and if the DPA in question is a springing DPA, that the conditions that are called for in the DPA to make it effective have now taken place, even if that DPA was executed prior to January 1, 2017.

Have others faced the question of how to certify an old DPA when it needs to be shown to be valid sometime after January 1, 2017?  It is entirely possible that I simply skipped over the applicable statute that would answer this question for me, and, if that is so, please be as gentle as possible in pointing out what I will want to excuse away as a senior moment.

Thanks for all of your collective wisdom.

Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

[Envelope scaled Terry]

Office: (360) 213-2040
 Fax: (360) 213-2030

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NOTE:  I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege.  This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

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