Washington Code 11.125.190 – Acknowledged power of attorney — When may rely upon — Certification or translation request
Current as of: 2023 | Check for updates
|
Other versions
(1) For purposes of this section and RCW 11.125.200, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgments.
Terms Used In Washington Code 11.125.190
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under RCW 11.125.050 that the signature is genuine.
(3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent’s authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
(4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
(a) An agent’s certification given under penalty of perjury meeting the requirements of subsection (5) of this section; and
(b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English.
(5) A certification presented pursuant to subsection (4) of this section or pursuant to RCW 11.125.200 shall state that:
(a) The person presenting himself or herself as the agent and signing the affidavit or declaration is the person so named in the power of attorney;
(b) If the agent is named in the power of attorney as a successor agent, the circumstances or conditions stated in the power of attorney that would cause that person to become the acting agent have occurred;
(c) To the best of the agent’s knowledge, the principal is still alive;
(d) To the best of the agent’s knowledge, at the time the power of attorney was signed, the principal was competent to execute the document and was not under undue influence to sign the document;
(e) All events necessary to making the power of attorney effective have occurred;
(f) The agent does not have actual knowledge of the revocation, termination, limitation, or modification of the power of attorney or of the agent’s authority;
(g) The agent does not have actual knowledge of the existence of other circumstances that would limit, modify, revoke, or terminate the power of attorney or the agent’s authority to take the proposed action;
(h) If the agent was married to or in a state registered domestic partnership with the principal at the time of execution of the power of attorney, then at the time of signing the affidavit or declaration, the marriage or state registered domestic partnership of the principal and the agent has not been dissolved or declared invalid, and no action is pending for the dissolution of the marriage or domestic partnership or for legal separation; and
(i) The agent is acting in good faith pursuant to the authority given under the power of attorney.
(6) An English translation requested under this section must be provided at the principal’s expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.
(7) For purposes of this section and RCW 11.125.200, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
[ 2016 c 209 § 119.]