[WSBAPT] POA Agent Designation made Contingent on Age?

[Eric Reutter]

Hi all,

A client of mine recently had an interesting request. The client wanted to
name as the POA agent (for both the health care POA and financial POA) a
the client's child, but wanted to make that appointment contingent on that
child being age 21.

I have not used a contingent appointment in a POA before, as I usually tell
my clients to update their POAs when their  children become adults, if they
would like their children in the role of an agent.

For example:

*...my son, John Smith, as my attorney in fact for health care decisions...
provided that he has attained at least 21 years of age...*

*..if my son is unable, unwilling, unavailable, or under the age of 21,
then I designate Caleb Trask as my attorney in fact...*

I looked over RCW 11.125 a bit for the answer, and did not find a clear
answer to this issue.

I would be grateful for thoughts or experiences on this issue. If this type
of drafting is too creative or outside the statutory authority, then I will
simply recommend that they update the power of attorney once the son is age
21.

Best regards,

*Eric Reutter*
*J.D., LL.M. Taxation*
Lake Hills Estate Planning, PLLC
10900 NE 8th Street, Suite 1000
Bellevue, WA 98004
www.lakehillsestateplanning.com
(425) 298-5895

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