[WSBAPT] Temporary POA for PR?

[Brent Williams-Ruth]

I believe the first step in this falls into the new WAPOA in what people
call the "hot powers" - specifically - because their role as PR is truly
that of the fiduciary over the decedent's estate.  So first, I would make
sure that they have a valid POA that expressly states that they are
granting the authority to their agent.  Second, I would look to see how
they were appointed - do they have the right to pass, even temporarily, to
anoher OR if this was a testamentary assignment does the will have language
that assigned a back-up if they are "unable, unwilling, or unavailable" to
act - because if that situation, would the fact that they are unavailable
potentially trigger the back-up to spring into action?

I have not seen or heard about this being litigated since the new Act took
effect, but I am curious as to the legal requirement vs. practical outcome
(especially, if you have non-intervention powers).

Best of luck. Sorry I am not able to give definitive direction but wanted
to weigh in so that I could follow the conversation!
Brent

*RCW 11.125.240 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.240>*

*Agent**—**Authority over principal's property.*

(1) An agent under a power of attorney may, subject to the requirements of
RCW *11.125.140* <http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.140>,
and in particular RCW*11.125.140*
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.140>(2)(f), do the
following on behalf of the principal or with the principal's property only
if the power of attorney expressly grants the agent the authority and
exercise of the authority is not otherwise prohibited by another agreement
or instrument to which the authority or property is subject:

(a) Create, amend, revoke, or terminate an inter vivos trust;

(b) Make a gift;

(c) Create or change rights of survivorship;

(d) Create or change a beneficiary designation;

(e) Delegate some but not all of the authority granted under the power of
attorney, except as otherwise provided in RCW *11.125.110*
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.110>(1);

(f) Waive the principal's right to be a beneficiary of a joint and survivor
annuity, including a survivor benefit under a retirement plan;

(g) Exercise fiduciary powers that the principal has authority to delegate;

(h) Exercise any power of appointment in favor of anyone other than the
principal;

(i) Create, amend, or revoke a community property agreement;

(j) Cause a trustee to make distributions of property held in trust under
the same conditions that the principal could;

(k) Make any other provisions

On Fri, May 17, 2019 at 9:29 AM Yvette O'Connell <
yvette.oconnell.law at gmail.com> wrote:

> Dear Listmates,
>
>
>
> Personal Representative is traveling for a month and is in the process of
> selling some of the decedent’s real property.  Can she appoint someone to
> act as temporary agent during her absence to conduct estate business?
>
>
>
> Thank you, Yvette
>
>
>
>
>
> *Yvette O’Connell*
>
> Attorney at Law
>
>
>
> The Law Office of Yvette Smith O’Connell
>
> 7801 Green Lake Dr. North, Seattle, WA 98103
>
> 206/334-9949
>
> Email: YvetteOConnellLaw at gmail.com
>
> Website:  YvetteOConnellLaw.com <http://www.yvetteoconnelllaw.com/>
>
>
>
>
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-- 

*Brent Williams-Ruth*
*Founding Member*

*BWR Consulting, PLLC*

Office/Scheduling Phone: (425) 830-5134

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