[WSBARP] Power of Attorney to Transfer Property

[Mark Vohr]

Hoping for some direction from those more knowledgeable than me.    We are Attorney in Fact for financial affairs for a person who is no longer capable of executing documents.  The Durable Power of Attorney was not notarized.  We have to sell the principal's home.

My recollection is that a Durable Power of Attorney, while currently valid even in absence of an acknowledgement,  needs to be acknowledged to properly authorize the agent to transfer real property for the principal because the principal's signature would have to be notarized to accomplish this act.  If I am wrong about that, please let me know.

Assuming I am right, then we are stuck with filing for guardianship just to transfer the property.  Ugh.   What I am wondering is, assuming I can go to court under RCW 11.94 and get a court order which says that I, as the attorney in fact, have the authority to transfer the real property, whether that would be sufficient to transfer and maintain a proper chain of title.

Any input on this would be greatly appreciated.

Thanks,

Mark


Ohana Fiduciary Corp.
Ohana Financial Services

Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>


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