[WSBAPT] Temporary POA for PR?

[Dalynne Singleton]

There is a case specifically on this. I researched it recently and don’t remember the case but you will find it if you research it

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From: wsbapt-bounces at lists.wsbarppt.com on behalf of Brent Williams-Ruth <brent at bwrconsults.com>
Sent: Friday, May 17, 2019 11:41 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Temporary POA for PR?

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 RCW11.125.140<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<mailto: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<mailto:YvetteOConnellLaw at gmail.com>
Website:  YvetteOConnellLaw.com<http://www.yvetteoconnelllaw.com/>


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