[WSBAPT] Remotely notarized DPA

Tue Jun 1 15:00:04 PDT 2021

Hi Ken,
I published an article on this topic in the Summer 2020 Newsletter titled “Conducting Estate Planning and Probate and Handling Trust Disputes During COVID-19” (http://www.wsbarppt.com/Private/DrawArticle.aspx?NewsletterArticleID=132)
My take is that notarized DPOA’s are valid (RCW 11.125.050), Washington has authorized Remote Online Notary as valid (SB 5641), therefore a DPOA notarized remotely is valid. You don’t need to look at Electronic Signature and Electronic Transactions Act because that is not the type of digital signature you are using. If your RON provider is licensed in a different state (e.g. Florida), then there may be some additional considerations, but generally banks and title companies are not pushing back on RON because of the requirement to use identity verification software and webcam video capture that makes forgery of a RON-notarized document very unlikely.
Best,
Nick

Nicholas Pleasants
Owner

[(Logo) Pleasants Law Firm]<http://www.pleasantslaw.com/>

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
www.pleasantslaw.com<http://www.pleasantslaw.com>
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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Ken Luce <Ken.Luce at lucelawfirm.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, June 1, 2021 at 1:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Remotely notarized DPA

Can a durable power of attorney be remotely notarized? It has electronic signature and the Electronics Transaction. Act seems unclear..

Ken Luce
Luce & Associates, P.S.
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