[WSBAPT] POA Rejected until filed/recorded

[Jeff at bellanddavispllc.com]

What is the basis for BECU, or other banks, to require recording of a DPOA?  Does the coversheet reference specific pieces of real estate?  If not, who is ever going to see the recorded DPOA?  

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Vohr
Sent: Tuesday, January 23, 2024 10:11 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] POA Rejected until filed/recorded

 

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 <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto: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 <mailto: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

e-mail <mailto:Brent at Williams-RuthLaw.com>  / website <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.williams-2Druthlaw.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=GlkXq8rCQQIfD5RggTSCptv9zBwEJXdcmmfnofwoPneGsH8VMVmGAyAUvW0yZcav&s=cdFXPtIY2JGyK9GkIqaHaLxEWTDWpGUbZOKdsPRTBHs&e=>  /  <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.facebook.com_bwrlaw&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=GlkXq8rCQQIfD5RggTSCptv9zBwEJXdcmmfnofwoPneGsH8VMVmGAyAUvW0yZcav&s=CWXvEwyph4aW8y90ipfckaB1B298Btcl1V9wSmqCylc&e=> facebook / 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240123/c8a74e2e/attachment.html>