[WSBAPT] Signing a Washington POA in another country

[Nicholas Pleasants]

I think the better question is whether this is ethical to draft a POA for someone in another country who you are never going to meet face to face. How can you deal with the possibility of undue influence? You already mentioned that the child is your client, so is that a conflict to also represent the mother who would be naming child as their agent?
As far as validity, it depends what you want to do with it. If it is to sell mother’s house, then you could check with the title company if they would insure based on the POA. A lot of title companies have been flexible to accept Florida remote notaries for overseas persons. If it is to access mother’s financial accounts, check with the institution. Generally, if you are overseas, excluding military installations, the only place to get a real notary is the consulate or embassy. With a lot of those offices closed due to COVID, you might check on a Florida remote online notary. But just be aware that not everywhere accepts such a notarized document.
Also consider, if notary is impracticable, RCW 11.125.050 allows it to be witnessed by two disinterested persons. https://app.leg.wa.gov/RCW/default.aspx?cite=11.125.050 But that is often challenged by banks or title companies, so again, check with the institution based on what the current needs are, if any, to use the POA.
Best,
Nick

Nicholas Pleasants
Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kirsten Samwel
Sent: Monday, June 15, 2020 2:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Signing a Washington POA in another country

Hi listmates.

I have a client who is stuck overseas because of Covid.  He contacted me and tells me his mother, who is with him. wants to give him power of attorney.  The question is, would it be valid if it is signed overseas, as long as there is a notary?  I am asking you guys because I am not sure where I would even look this up.  Any help would be appreciated.  Thanks so much.

Kirsten A. Samwel
Attorney at Law
Samwel Cousineau, PC
700 W. Evergreen Blvd.
Vancouver, WA  98660
Ph:  (360)750-3789
Fax:(360)750-3788
kirstensamwel at gmail.com<mailto:kirstensamwel at gmail.com>

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