[WSBAPT] Question on BECU and co-conservators acting

Tue Dec 13 15:30:46 PST 2022

Yes, I have had the exact same problem. I strongly discourage co-conservators for that reason. I don't think BECU is liable for your fees, they are following their internal risk management. Chase Bank says the same thing. Can you just open a guardianship account somewhere else? Then have the co-conservators close the BECU account and deposit the money elsewhere.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Tuesday, December 13, 2022 1:15 PM
To: 'WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com)' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Question on BECU and co-conservators acting

Hi Listmates,

I've run into this problem before with a probate case, but not in a conservatorship.  I have 2 clients recently appointed as co-conservators, and now BECU is demanding that we go back to court to obtain *another* order allowing them to ask individually regarding the Respondent's account at BECU.

According to the BECU representative I've been emailing with, BECU "BECU does not support dual signing."  This is ridiculous!

According to RCW 11.130.050(4):

Unless an order of appointment under subsection (1) of this section or subsequent order states otherwise, co-guardians or co-conservators shall make decisions jointly.

In the last probate case with this issue (not with BECU), one of my clients was able to sign a delegation of authority to the other co-PR, solving the problem.  But according to the statute cited above, that may not be allowed here.

I imagine the King County ex parte department is at least 1 month out for a hearing (I have too many people to notify in this case to do it without notice).  Does anyone have a suggestion?  The funds are at BECU and my clients need to access them as soon as possible.  I have threatened that I will ask the court to order that BECU pay all of the fees and costs for going back for another order allowing individual action, but I doubt BECU will care.

Thanks,
Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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