[WSBAPT] Certification Forms for Durable Power of Attorneys

[Maureen Wickert]

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



14900 Interurban Avenue South, Suite 255

        Tukwila, WA 98168

       Phone: 206-859-5502

         Fax: 206-260-9005

      <http://www.wickertlawoffice.com/> www.wickertlawoffice.com

        <mailto:wickertlaw at comcast.net> wickertlaw at comcast.net

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From: 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
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  Yet, RCW 11.94 has now been repealed.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

 



 

Office: (360) 213-2040 

 Fax: (360) 213-2030

 

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