[WSBAPT] Authorize AIF to Appoint Successor

[Tyler Farmer]

Has anyone included language in a Durable Power of Attorney to authorize the attorney in fact to appoint a successor/alternate attorney in fact in the event the then-serving attorney in fact is no longer willing to serve?

For example, Principal appoints Child 1 as attorney in fact and Child 2 as alternate attorney in fact, effective immediately.  Assume Child 1 wants to resign due to personal issues or temporary medical issues, causing Child 2 to become the designated attorney in fact.  Can language be included in the Durable Power of Attorney authorizing Child 2 to appoint a successor/alternate attorney in fact in the event Child 2 is no longer willing to serve?  Can Child 2 re-appoint Child 1 if Child 1's personal issues or temporary medical issues are resolved?

We regularly include language in trust agreements authorizing a Trustee to appoint a Successor Trustee (which is contemplated by statute), but I have never come across similar language in a Durable Power of Attorney.

Thoughts?  Any sample language?

Thanks!

________________________________
Tyler S. Farmer | Pratt & Boutillier, PLLC | 105 N 3rd Street - PO Box 1425, Yakima, WA 98907 | Phone: (509) 453-9135 | Fax: (509) 453-9134 | tyler at pbtaxlaw.com<mailto:tyler at pbtaxlaw.com>

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