[WSBAPT] Sound Bank Rejects "Outside" Durable Powers of Attorney

[Jennifer L White]

Jeff,
You could start by a simple letter to the bank reminding them of the below statute, and their liability for fees for refusing to accept it. They cannot require you to use their proprietary forms.

RCW 11.125.200<http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.200>
Acknowledged power of attorney-Acceptance-Refusal to accept.
(1) Except as otherwise provided in subsection (2) of this section:
(a) A person shall either accept an acknowledged power of attorney or request a certification or a translation no later than seven business days after presentation of the power of attorney for acceptance;
(b) If a person requests a certification or a translation, the person shall accept the power of attorney no later than five business days after receipt of the certification or translation; and
(c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(2) A person is not required to accept an acknowledged power of attorney if:
(a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
(c) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(d) A request for a certification or a translation is refused;
(e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification or a translation has been requested or provided; or
(f) The person makes, or has actual knowledge that another person has made, a report to the department of social and health services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(3) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:
(a) A court order mandating acceptance of the power of attorney; and
(b) Liability for reasonable attorneys' fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.


Jennifer L. White, Esq.
[cid:image001.jpg at 01D7B08A.A549EDA0]

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: Thursday, September 23, 2021 2:39 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Sound Bank Rejects "Outside" Durable Powers of Attorney

Listmates:

This is a first for me in my years in Sequim.  An Agent presented her mother's DPOA, that I drafted, to Sound Bank.  It said it won't honor "outside" powers of attorney because it has its own "in-house" forms.  After splashing down into the ocean after reaching Mars in a nano-second, I decided I need contact either an in-house attorney with Sound Bank for a heart to heart or talk with one of its regular outside counsel.  Thus, do any of you know who are the in-house attorneys or their outside counsel.

Jeff

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>
www.bellanddavispllc.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.bellanddavispllc.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=3jV2NViHXWWjamuqRbh_39jZbx9ztnFX5vG_9yDAZVI&s=Bud9sLK_iGqFa9J9m83JAh6qgbweT4upRtcksk6BOKk&e=>

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