[WSBAPT] Applicability of Agent's Certification Form (RCW 11.125.430) to Pre-2017 Durable Powers of Attorney

[Douglas Bratt]

Listmates:

With the passage of the new Power of Attorney Act, we have a new Agent's Certification form, set out in RCW 11.125.430, which naturally appears to be geared towards the language in the new Powers of Attorney Act, with reference to an "Agent," as opposed to "Attorney-in-Fact," etc. etc.

The old statute relating to an Affidavit presented by an Attorney-in-Fact, to confirm the validity of the POA, was covered by RCW 11.94.040, which has now been repealed after the provisions of RCW Chapter 11.125 went into effect on January 1, 2017.

Although I rarely was called upon to prepare an Affidavit, per RCW 11.94.040, I am now faced with the possibility of some blow-back coming from a financial institution questioning an existing DPA, which was signed in 2014, effective immediately (and thus still valid, per the new Power of Attorney legislation, since it was signed prior to January 1, 2017).  My thoughts are to now use RCW 11.125.430, referring to the existing 2014 DPA, and replacing the word "Agent" in the statutory form back to "Attorney-in-Fact."

Have any of you faced the same issue thus far in the short life of the new Power of Attorney Act?  Do any alternative approaches occur to any of you?

Thank you for your thoughts on these matters.

Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

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