[WSBAPT] Amending Power of Attorney

[Jennifer L White]

Jeff,
My opinion: As long as the amendment follows the execution requirements of 11.125 you are "legal."
In my DPOA's I have a specific provision that allows for the document to be amended.
As a practical matter, however, I would do a completely new clean document. It seems that it is a constant battle to get financial institutions to accept DPOA's on a good day. There have many strings on this Listserv lamenting the struggle. Adding in an amendment to the equation seems to me to be another hurdle to overcome.
Most of us have templates that we easily work from, so as purely a time factor, it takes me personally less time to do it new than to mess around with old documents. Plus, I inevitably tinker with them as the laws change or I go to CLE's, so I would like my client's to have the latest and greatest if I'm doing it in the first place.

That's my .02 for the day!

Jennifer L. White, Esq.
[cid:image001.jpg at 01D76750.ECF5B810]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Tuesday, June 22, 2021 6:25 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Amending Power of Attorney

Listmates,

A client wants to "amend" a power of attorney to add another child as an agent.  In the past I have always said you need a new power.  In reviewing RCW 11.125 I do not see a similar provisions to 11.12.040 and 11.12.080 that specifically mentions codicils.  Have any of you dealt with this situation?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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