[WSBAPT] POA Agent Designation made Contingent on Age?

[Lisa E Schuchman]

I have done that before, Eric. I don’t see a problem with it as long as you have at least one contingent agent, the better to have two.

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com>

I learn, I give. – Gloria Steinem

On Jul 10, 2018, at 7:48 AM, Eric Reutter <eric at lakehillsestateplanning.com<mailto:eric at lakehillsestateplanning.com>> wrote:


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<http://www.lakehillsestateplanning.com>
(425) 298-5895

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