[WSBAPT] POA Terms

[Diane J. Kiepe]

Brent,

I would almost speculate the later provision is meant as a limitation that would result in a change in estate plan but definitely could be read much broader to prohibit sales.  I think, if the Principal currently has capacity, a change is required to clarify the intent and to provide rights to sell if required to maintain the well-being of the Principal despite any other prohibition – otherwise, yes, I think you end  up in the court room.

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 Brent Williams-Ruth
Sent: Wednesday, July 13, 2022 9:54 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] POA Terms

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

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