[WSBAPT] DPOA

Tue Feb 7 08:37:33 PST 2023

A good combo (thanks Professor Jim Brown) is to have your agent complete a certification per RCW 11.125.190(5) and submit the certification, the statute below, and a letter to the institution explaining that the agent has provided a valid DPOA and the institution has 5 days after receipt to accept the DPOA or a court order will be sought with the institution paying your fees and costs.

Deborah Jameson (she/hers)| Attorney | Neil & Neil, P.S.
5302 Pacific Avenue,Tacoma,WA 98408 | deborah at neillaw.com<mailto:deborah at neillaw.com>
(253)475-8600 | f:(253)473-5746
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of James B. Dolan <jbdolan at jbdolan.com>
Date: Monday, February 6, 2023 at 10:00 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DPOA
RCW 11.125.200<http://app.leg.wa.gov/RCW/default.aspx?cite=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
allen at draherlaw.com<mailto:allen at draherlaw.com>

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