[WSBAPT] POA Terms

[Brent Williams-Ruth]

Greetings List -

I am reviewing a POA for an agent who is seeking guidance.

The document begins with all rights under 11.125.270 (the power to buy,
sell, etc. real property). The issue pops up several pages and multiple
paragraphs later:

MY attorney-in-fact does not have the power:
...
(e) to make ownership changes in my property, including without limitation
any transfer on death deeds.

The estate is real estate rich (house without a mortgage) and cash poor and
the long-term care policy is about to expire and the AIF is not sure how
they are supposed to do their job of paying the bills when cash runs out.
125.270 begins with "unless the POA otherwise provides..."

If the principal is deemed incapacitated - and this latter provision means
the Agent cannot sell to access the funds - is the answer a court action
authorizing such a sale?

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /
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