[WSBAPT] Certification Forms for Durable Power of Attorneys

[Heather deVrieze]

Doug,

I'm not sure the statute makes this clear, but I would assume an affidavit in accordance with 11.125 confirming the validity of a pre 2017 DPOA is what is called for.


Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Wednesday, June 28, 2017 4:51 PM
To: 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  Yet, RCW 11.94 has now been repealed.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

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