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Washington Special Power of Attorney - Form 11B - Pre and Post 2005 Act

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US-BKR-F11B
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This form is a special power of attorney. The claimant authorizes the attorney, with full power of substitution, to vote on any question that may be lawfully submitted to the creditors of the debtor. This form is data enabled to comply with CM/ECF electronic filing standards. This form is for post 2005 act cases.

Washington Special Power of Attorney — Form 11— - Pre and Post 2005 Act is a legal document that grants specific powers to an appointed individual, known as the agent or attorney-in-fact, to act on behalf of the principal in Washington state. This special power of attorney is regulated by the Revised Code of Washington (RCW) and underwent changes after the 2005 Act. Pre-2005 Act: 1. General Description: The Pre-2005 Act Washington Special Power of Attorney — Form 11B allowed individuals to authorize an agent to make decisions and carry out actions on their behalf, within specified limits, before the changes in the law came into effect. 2. Scope and Powers: The pre-2005 Act version of Form 11B encompassed various aspects such as estate planning, financial matters, real estate transactions, business dealings, healthcare decisions, and other legal affairs. 3. Duration and Revocation: It was necessary to specify the duration of the special power of attorney, outlining whether it was durable (remained in effect if the principal becomes incapacitated) or non-durable. The revocation process also had to be clearly stated. Post-2005 Act: 1. Changes in Legislation: The 2005 Act brought significant modifications to the legal framework surrounding powers of attorney, addressing concerns regarding abuse, fraud, and incapacity of principals. 2. Requirements and Protections: The Post-2005 Act version of Form 11B introduced stricter requirements, including the need for witness signatures, notarization, and explicit language clarifying the extent of powers granted. These changes aimed to safeguard the interests of the principal and minimize potential misuse. 3. Agent's Duties and Liability: Under the revised law, agents were legally obligated to act in the principal's best interests, avoid conflicts of interest, maintain accurate records of transactions, and follow specific guidelines outlined in the RCW. Agents who violated their duties could be held liable for damages incurred by the principal. It is important to note that the specific names of different types of Washington Special Power of Attorney — Form 11B variants, if they exist, would be determined by the underlying purpose, scope, and limitations set forth in the document. These variations may include options tailored for real estate transactions, healthcare decisions, financial matters, or other specific legal areas, depending on the needs of the principal.

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FAQ

(1) A power of attorney must be signed and dated by the principal, and the signature must be either acknowledged before a notary public or other individual authorized by law to take acknowledgments, or attested by two or more competent witnesses who are neither home care providers for the principal nor care providers ...

To appoint an attorney you must complete an enduring power of attorney form. To be legally enforceable, your enduring power of attorney must be in the form, or substantially in the form, specified in Schedule 3 of the Guardianship and Administration Act 1990. The form at the back of this kit meets these requirements.

Limited (Special) Power of Attorney Allows you to temporarily give special powers to an agent for specific tasks. Signing Requirements:Two witnesses or a notary acknowledgment (RCW 11.125. 050).

A Power Of Attorney Doesn't Address What Happens to Assets After Your Death. A power of attorney ends at your death, so it does not do anything to protect your wealth after you are gone or to facilitate the timely transfer of assets to loved ones.

The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

More info

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Washington Special Power of Attorney - Form 11B - Pre and Post 2005 Act