[WSBAPT] Standard for Removal of Acting Trustee

[Amy Goertz]

Good afternoon, 

My client would like to spell out the standard for determining when a Trustee or Agent is “unable to perform” and a process for removing the person from that position. In the past, we’ve used language like “a determination of incapacity by two physicians” for when an agent or attorney-in-fact can take charge but in the event that we have a DPOA that takes effect immediately rather than upon disability or incapacity, or in the case of a surviving spouse acting as Trustee, when can that person be removed for incapacity or being unable to serve? What language are folks using for this purpose?

Thanks in advance -

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

7418 East Helm Drive
Scottsdale, AZ 85260

Goertz & Lambrecht PLLC
Lambrecht Dispute Resolution LLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>
www.lambrechtdisputeresolution.com <http://www.lambrechtdisputeresolution.com/>

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