[WSBAPT] DPOA

[James B. Dolan]

RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.200> 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.

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Allen Draher
Sent: Monday, February 6, 2023 4:33 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] DPOA

 

A client has had Merrill Lynch not allow her to use her DPOA for her
disabled husband.  I know this has been addressed her before.  Suggestions?
Thank you, Allen

 

Allen Draher

 

Law Office of Allen Draher, PLLC

9108 Fauntleroy Way S.W.

Seattle, WA 98136-2617

 

ph   206-484-8212

 <mailto:allen at draherlaw.com> allen at draherlaw.com

 

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