[WSBAPT] durable power of attorney lost original in real estate deal

[Doucette, Lindsy]

Hi Doug:

Feel free to send the POA over to me to review. We have been able to rely on and record copies. This might help:

RCW 11.125.060
Power of attorney-Validity.
(4) Except as otherwise provided by statute other than chapter 209, Laws of 2016, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

Lindsy C. Doucette
VP | State Underwriting Counsel
Fidelity National Title Group
Seattle, Washington
Direct: (206) 370-3172
Email:  Lindsy.Doucette at fnf.com

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Douglas Owens
Sent: Friday, February 19, 2021 8:34 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] durable power of attorney lost original in real estate deal

IMPORTANT NOTICE - This message sourced from an external mail server outside of the Company.

Dear list mates, I have a client who is in a coma, and who executed a durable power of attorney four years ago, and the agent is capable of acting but cannot locate the original of the signed power of attorney.  A real estate sale is pending and the comatose client is a seller, but the title company indicates although it will accept the POA for the agent to execute the deed it requires that the original be recorded.  A copy is available but it clearly is stamped "duplicate."  Is there any method to achieve the equivalent that anyone knows of?  I have searched the act and cannot find one.  Is a lawsuit to compel the title company to accept the power of attorney likely to succeed without the original?  Thank you for your attention.  Yours truly, Doug Owens

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