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  1. #1
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    Default What Constitutes Official Notice That Someone Actually Has Power of Attorney

    My question involves a person located in the state of: Washington

    My elderly landlord has on numerous occasions ordered me to direct all questions regarding tenancy specifically to her and not to contact other family members with tenancy questions.

    I now have a notification from those family members, and it includes an unofficial piece of paper about power of attorney requesting that I not contact the landlord. It includes an attorneyís name on top and contact numbers, but no signatures or any proof at all regarding their agency.

    I am expecting a call from the attorney late tomorrow, but action on my part to protect my tenancy is required earlier in the day. I am inclined to ignore the unofficial ďdo not contactĒ statement and visit my landlord who lives very close to me.

    Any suggestions will be greatly appreciated.

  2. #2
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    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    You've not indicated who actually owns the property. If the person you call "landlord" is that person and is competent, she can override any "power of attorney" that may exist. Hopefully, the attorney can explain things to your satisfation.

  3. #3
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    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    The landlord owns a trust which owns the property.

    edit: The landlord has been in control of the trust as far as I know--should not have said "owned". Admittedly, I have limited knowledge in this area.

  4. #4
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    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    Quote Quoting searcher99
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    The landlord owns a trust which owns the property.
    That's gibberish. People do not "own" trusts. The TRUST itself is therefore the owner of the property. Your "landlord" may be the trustee, but without knowing what the trust says are the duties of the trustee with respect to the trust, we can't advise further. However, having a trust involved, lends me to believe that a non-licensed attorney acting as the POA, probably is somewhat dubious. Again, hopefully the real attorney involved can tell you what is trully going on.

  5. #5
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    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    Iím sorry, Ron. I kind of knew that wasnít correct wording but Iím in a hurry to post more info. Thanks anyway for your input. Iím not sure of the trust details. Actually my landlord has always wanted rent checks made directly to her name and not to the trust, so itís a bit of a strange situation.

    Regarding competency, she probably has some issues with memory but is always quite consistent and lucid when we speak. If there have been any proceedings to declare her incompetent I have no knowledge of that.

  6. #6
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    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    There is absolutely no way I'd write rent checks to other than the owner of the property.
    Again, you should have a frank coversation with the trust's attorney and if that doesn't suffice, your own.

  7. #7
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    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    Quote Quoting searcher99
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    I’m not sure of the trust details. Actually my landlord has always wanted rent checks made directly to her name and not to the trust, so it’s a bit of a strange situation.

    Check the county property records (Recorder website) for the ownership of the property. Look for the most current deed.

  8. #8
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    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    Thanks jack, I looked it up. Iíve given wrong information about a trust. The most current deed actually lists an LLC as the owner so looks like I was wrong about the trust. The previous owner was a living trust with their family name, but itís actually been an LLC since before I was a tenant (named after the landlordís late husband). Iím pretty sure that only the she has had control. I was told a while back by a family member that they were going to try to get power of attorney and perhaps they have accomplished that. Her specific instruction to her family in case of her demise has been to continue renting to me but she never put that in writing.

    I am now recalling that I did originally write checks to the LLC but only for about a year. She requested checks in her name after her bank refused a deposit. Probably I should have pressed the issue.

  9. #9
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    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    Quote Quoting searcher99
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    Thanks jack, I looked it up. I’ve given wrong information about a trust. The most current deed actually lists an LLC as the owner so looks like I was wrong about the trust. The previous owner was a living trust with their family name, but it’s actually been an LLC since before I was a tenant (named after the landlord’s late husband). I’m pretty sure that only the she has had control. I was told a while back by a family member that they were going to try to get power of attorney and perhaps they have accomplished that. Her specific instruction to her family in case of her demise has been to continue renting to me but she never put that in writing.

    I am now recalling that I did originally write checks to the LLC but only for about a year. She requested checks in her name after her bank refused a deposit. Probably I should have pressed the issue.
    If its a single member LLC then it really doesn't matter (for you anyway) whether the checks were made out to her or to the LLC. For tax purposes a single member LLC is a disregarded entity.

  10. #10
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    Default Re: What Constitutes Official Notice That Someone Actually Has Power of Attorney

    I disagree with LL. It very much makes a difference. The member of the LLC is not the property owner. Searcher99 cares squat about the owner's tax issues. The issue is that he is renting from the owner of the property (the LLC), not a member or employee. No way I'd pay anybody but the owner.
    Further, now that we are talking about an LLC, there's no way that a non-licensed attorney is acting as POA for the LLC.

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