[WSBAPT] Durable Power - decline to serve

[Diane J. Kiepe]

Generally speaking, most third parties will require a showing that the first named person is unable or unwilling too serve – under the new Power of Attorney Act that would be in the Agent’s certificate.  With older power of attorney documents I would suggest that you in fact have mom sign a “Declination to Serve” and the alternate sign an “Acceptance to Serve” (this second document may be overkill but spoon feeding the financial institutions goes a long way).  The steps can even be on the same document – a short one pager.  I would suggest that they be notarized as well……again, maybe over kill but I have had success in this manner.

Best of luck,


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rich McEntee
Sent: Thursday, September 5, 2019 3:43 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Durable Power - decline to serve

Hello listmates

I have a client who came to me with a question regarding his father’s durable power of attorney. His father is ill and needs someone to act as his attorney in fact. Mother is named to act, but is unwilling to assume the role. Is there a formal way/best practice to document that she is declining to serve such that there is no issue or less issue for the alternate to act as attorney in fact?

Thanks
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411<x-apple-data-detectors://1/1>
University Place, WA 98466<x-apple-data-detectors://1/1>
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