Revised Code of Washington (RCW) (Last Updated: August 9, 2016) |
Title 11. PROBATE AND TRUST LAW |
Chapter 11.125. Uniform power of attorney act. |
Section 11.125.200. Acknowledged power of attorney—Acceptance—Refusal to accept.
Latest version.
- (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.