[WSBAPT] POA Rejected until filed/recorded

[Mark Vohr]

As you can imagine, we fight these battles all too often with significant negative impacts to our clients.  We have taken the position that we follow-up with a letter citing the law, give them 10 days to comply, and then file a lawsuit.   We ask for attorney fees and costs, which the court has always awarded.   I think if enough of us do that every time they might get the message.

Regards,

Mark

Mark C. Vohr, J.D. CPGC
Ohana Fiduciary Corporation
A Washington Trust Company
155 NE 100th St., Suite 209
Seattle, WA  98125
Telephone:  (206) 782-1189

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, January 23, 2024 9:49 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] POA Rejected until filed/recorded

List Members -

Just want to share a couple notes about two entities that are REFUSING to honor a valid POA until it is recorded.  Both Farmers Insurance and BECU have rejected an attorney-drafted POA until she takes it to King County Recording.

This is a step-up in how terrible BECU has been. A year ago (literally right now) they were forcinging me to bring my mother out of her death bed to sign a document allowing me access to the family trust - despite the fact that I had the entire trust, I had the letter from the doctor of incapacity AND the fact she was on hospice and was days away from death.

Last year, BECU only required a certification of POA as per 11.125.430. Now they are insisting on it being recorded.

Just wanted to share so that you can be prepared when you hear this from your own clients.

Brent



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

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

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