Althauser Rayan Abbarno remains at the forefront of new laws and technologies
For over 75 years, Althauser Rayan Abbarno has represented individuals and businesses in our community and throughout Washington State. Their lawyers pride themselves on providing the attention everyone deserves in a “small town” and the “big city” tools that everyone should expect. This is what has made them and their clients successful since 1946.
Althauser Rayan Abbarno attorneys keep abreast of new laws and technologies that help clients achieve their goals. They also see their role as educating their clients and the public about important changes in the law. Althauser Rayan Abbarno would like to share many of these new laws passed by the Washington State Legislature, including laws that digitize legal processes.
Pursuant to Senate Bill 5005, corporations may give notices and other communications to shareholders and directors by e-mail and other forms of electronic transmission without obtaining their consent. If a company has previously given notices to a shareholder only by mail or other non-electronic delivery methods, the company must notify the shareholder before proceeding with the e-mail notices. There are some exceptions where notice cannot be given by email or other electronic transmission. For example, a shareholder may object to receiving written notices by email. This objection can be sent by post.
For condominium residents, Senate Bill 5011 amends Washington’s Uniform Common Interest Property Act (WUCIOA) to allow unit owner meetings to be held by phone, video, or other process. conference, unless the holding of meetings in this manner is restricted by the declaration or organization of documents.
The Washington Nonprofit Corporation Act (WNCA) was amended by Senate Bill 5034, a 230-page bill, to create a more efficient process for the electronic delivery of meeting notices and procedures. Comprehensive rules governing members and directors, as well as updates to record keeping and filing requirements with the Secretary of State have also been included.
If you belong to or work for a nonprofit organization, it is important that you know about the new changes found in SB 5034. This new law affects the representational capacity and power of the Attorney General to investigate and report. ” intervene to protect charitable property. Virtually all aspects of not-for-profit operations and management are addressed in this bill.
Estate planning and probate
The changes to the Uniform Electronic Wills Act in Senate Bill 5132 could be the most significant change in the law this year. This bill deals with both wills and trusts, allows testators to execute electronic wills and trusts, and allows estates courts to give electronic instruments legal effect. The law retains the main formalities required for writing, signing and attestation, but makes them executable electronically.
An electronic will must be a readable document in text form at the time of signing; signed by the testator or another natural person on behalf of the testator, in his physical presence and under the direction of the testator; and signed by at least two competent witnesses on the instruction or request of the testator and in his physical or electronic presence. The law also indicates who can be a qualified custodian of an electronic will and their legal obligations to deliver the electronic will and to make an affidavit regarding those obligations.
In addition, SB 5132 amends the Uniform Trust Income Law and the Main Law. The legislation deals with fiduciary duties, conversions between income trusts and unitrests, and adjustments between income and capital. Senate Bill 5132 also amends the Uniform Powers of Appointment Act, which defines the donor, the authority and the appointing authority, as well as other powers and responsibilities.
The new changes to wills and trust can be confusing. If you have questions about an estate plan, contact Althauser Rayan Abbarno’s experienced estate and estate planning attorneys. Without competent legal counsel, mistakes can be very costly and invalidate much of your planning intent.
Matters brought under the Land Use Petition Act and decisions of administrative agencies can be appealed directly to the Court of Appeal rather than to the Superior Court, in accordance with Senate Bill 5225. The final decision of an administrative agency in judicial proceedings can be directly examined. by the court of appeal upon certification from the superior court. The provisions creating a direct appeal process expire on July 1, 2026.
Advance Mental Health Directive
An advance mental health directive is a document that declares a person’s preferences regarding the treatment of the person’s mental health in the event of a disability. In accordance with Senate Bill 5370, the template form used to create an advance mental health directive has changed significantly; remove long notice requirements and add, modify and delete other sections. One of the most important changes is to allow people aged 13 to 17 to carry out an advance mental health directive if the person can demonstrate that they are capable of making informed decisions about them. behavioral health care.
Access to lawyers
Access to lawyers and their role in the justice system were also significantly changed during the legislative session of 2021. Children in addiction cases will now be eligible for the appointment of a lawyer due to Bill 1219. from the room ; in certain circumstances, House Bill 1140 grants minors access to a lawyer (in person, by telephone or by video) before the minor waives his constitutional rights; and all tenants threatened with eviction under the Residential Landlord-Tenant Act may be appointed as prosecutors under Senate Bill 5160.
Laws change quickly and it is important to have a quality legal team on your side. Althauser Rayan Abbarno has offices in Centralia and Olympia and their lawyers are ready to represent you and your businesses. If you have any questions about these new laws or your case, contact Althauser Rayan Abbarno in Centralia or Olympia by calling (360) 736-1301 or visit www.CentraliaLaw.com.
This article is sponsored by Althauser Rayan Abbarno.
More information about Althauser Rayan Abbarno
Pitches: 114 West Magnolia St., Centralia Market Center, Olympia
Hours: 8 a.m. to 5 p.m., Monday to Friday
Telephone: 360-736-1301 Website: www.CentraliaLaw.com