[WSBAPT] Capacity to sign POA

[Heather de Vrieze]

Have you tried submitting a certification of the POA under 11.125.430?http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.430

I would probably start there.

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of susan at pepetersonlaw.com
Sent: Thursday, April 13, 2023 4:21 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Capacity to sign POA

Hello again listmates,
PC has a validly executed POA from 2016 signed by his mother naming him AIF.  Client is attempting to rely on the POA sign the paperwork to sell her house.  Mother is in assisted living and her house was within weeks of being foreclosed upon.  A company that buys distressed properties like this has been working with PC and they have a third party buyer.  The issue is that the title company is declining to issue a policy because there is a letter from a physician dated about three weeks before the POA that states that the mother has been diagnosed with dementia and "is unable to make decisions for herself."  It is the title company's position that the letter demonstrates that the mother was incompetent to sign the POA.  I have always believed that, if the client understands what they are signing (can tell you what the document is, what it can be used for, and who they are appointing) that is sufficient capacity to execute a POA.  By all accounts the mother fit that description when she signed the POA 6 years ago.  Now, probably not.  The insurers want a guardian/conservator to sign off on the documents.  I'd like to avoid that for these folks if I can, the mother had a reverse mortgage and is only likely to get about $20k from the sale. It seems a shame to spend any of that on the expense of a guardianship.  Can any one point me to caselaw or anything else I could use in my upcoming discussion with the underwriting counsel regarding capacity needed to sign a POA?  Any other ideas?

Susan E. Spuller
Attorney at Law

Peterson Spuller, PLLC
345 Knechtel Way NE, Suite 102
Bainbridge Island, WA 98110
206.855.9293
Fax: 206.678.0105


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