[WSBAPT] Bank refusal to accept POA

Wed Nov 17 13:20:57 PST 2021

Regarding proof regarding refusal to honor, all an Agent need do in Washington is present the Agent's statutory certificate  document - they are required to respond within the time set forth after presenting that.

Regarding the rejected POA below I would ask the Agent if the presented an Agent's Certification under 11.125.430 - if he has and they still refuse, I would likely go the complaint route.

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 Claudia A Gowan
Sent: Wednesday, November 17, 2021 11:28 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Bank refusal to accept POA

The one point I might add to this discussion - but the litigators will probably know better - is that an award of attorney fees and costs might require a substantive demonstration of the bank's refusal to honor the power of attorney.

Best, Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
2212 Queen Anne Avenue No., # 338 (Mailing only)
Seattle, WA 98109
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Joshua McKarcher
Sent: Wednesday, November 17, 2021 10:06 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Bank refusal to accept POA

I am fortunate never to have to have done it before, but unless you have a personal relationship with someone at the bank, and that person can help immediately, I have decided I am on the side of those on this listserv that say they generally don't waste their client's money writing letters and making phone calls, and going in several circles, but instead they draft the simplest possible complaint and file it in an appropriate court and serve it on the bank. Request fees and costs as permitted, and away you go!

Probably about the same hourly fee commitment and almost certain to get "instant" results. Only the complaint is "guaranteed" to make it to a lawyer who will figure it out and concede. So long as you are 100% sure you are correct.

Heck, our section perhaps ought just come up with a proper model complaint that recites the law and basic attempts and refusal to accept. I am guessing I'll have to file one eventually, and if I ever do I'll circulate my template.

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Timothy Lehr <timothy at stileslaw.com<mailto:timothy at stileslaw.com>>
Sent: Wednesday, November 17, 2021 10:51:18 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Bank refusal to accept POA

All,

I believe this was discussed on this listserv previously, but I hoping for some thoughts on a bank's refusal to accept a duly executed power of attorney. The principal solely owns a business that is winding down. The POA is trying to access and close a bank account owned by the principal's business. The bank is refusing and giving my client (the agent) the runaround.

The POA specifically addresses the agent's power to run the principal's business and perform business acts, and I've read RCW 11.125.310 in regard to agent's authority on the operation of a business. I've also read 11.125.200 on liability of a person's refusal to accept a valid POA.

Practically, what's the best way to approach this? Send a letter to the bank citing the RCW's and demanding acceptance? Start with a phone call?

Thanks,

Timothy C. Lehr

Attorney at Law

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p:   360.855.0131

e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>

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