[WSBAPT] Reasonable Compensation Permitted or Not?

Brent Williams-Ruth brent at williams-ruthlaw.com
Tue Nov 10 14:27:51 PST 2020


Greetings List -

As you may likely know RCW 11.125.120
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.120>, states as
follows:
Reimbursement of expenses for agents.
Unless the power of attorney otherwise provides, an agent is entitled to
reimbursement of expenses reasonably incurred on behalf of the principal
and to reasonable compensation.

I have a client who is the POA for her incapacitated mother. Her POA is a
one page document that reads:

*15. Reimbursement. *My Agent is entitled to reimbursement of all
reasonable expenses incurred as a result of carrying out any provision of
this Power of Attorney.

QUESTION - this is silent to the issue of compensation. Is this a situation
where because the statute put compensation and expenses together in one
subcategory and the POA specifically authorized expenses BUT NOT
compensation - that my Agent is not permitted? Or can is it a winning
argument to say that the POA does not preclude compensation and thus the
statute would permit reasonable compensation?

Appreciate any thoughts on the matter.

*Brent Williams-Ruth*  (preferred pronoun: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, a division of **BWR Consulting, PLLC*

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.Williams-RuthLaw.com/> / facebook
<http://www.facebook.com/bwrconsults> /

*As of July 1, 2019 - I began operating as the Law Offices of Brent
Williams-Ruth a division of BWR Consulting, PLLC. Please note the new
points of contact Brent at Williams-RuthLaw.com and www.Williams-RuthLaw.com
<http://www.Williams-RuthLaw.com> *
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