Legal Question in Elder Law in Washington

illegal power of attorney ?

Are there public records to look up to see if someone really has--name removed--POA. In this case no paper work has ever been shown to prove they do.


Asked on 5/04/07, 9:06 pm

2 Answers from Attorneys

Merry Kogut Key Peninsula Law

Re: illegal power of attorney ?

I'd like to know why it is you want to know. If you think that an adult is being taken advantage in some way, the best thing to do is to contact Adult Protective Services.

If someone wants to enter into a transaction in which you will be involved, ask to see the POA. You can also talk with the grantor (the person who gave the other person POA) and ask him or her. The person who gives a power of attorney has an absolute right to revoke it. If he or she is now incapacitated, and you think the POA is being misused, another option is to file for a guardianship.

So, a lot depends on the circumstances.

Merry Kogut

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Closed on Tuesdays and Saturdays.

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Answered on 5/05/07, 7:47 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: illegal power of attorney ?

DPOAs can be recorded with the County Auditor/Recorder, but not always. In Pierce County those records are available (but hard to search) on the County's website, or you can go look it up at the Annex.

Just because it is not recorded does not mean it doesn't exist, though.

But a third party relying on a DPOA has an absolute right to review the document.

Hope this helps. Elizabeth Powell

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Answered on 5/05/07, 10:33 am


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