[WSBAPT] Power of Attorney Agents Picking Successor Agents

[Sarah McCarthy]

I had a client request this once, and upon review of the statute I
discovered that this is specifically permitted:

RCW 11.125.110 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.110>
Coagents—Successor agents—Liability.
(1) A principal may designate in a power of attorney two or more persons to
act as coagents. Unless the power of attorney otherwise provides, all
coagents must exercise their authority jointly; provided, however, a
coagent may delegate that coagent's authority to another coagent.
(2) A principal may designate one or more successor agents to act if an
agent resigns, dies, becomes incapacitated, is not qualified to serve, or
declines to serve. *A principal may grant authority to designate one or
more successor agents to an agent or other person designated by name,
office, or function.* Unless the power of attorney otherwise provides, a
successor agent:
(a) Has the same authority as that granted to the original agent; and
(b) May not act until all predecessor agents have resigned, died, become
incapacitated, are no longer qualified to serve, or have declined to serve.
(3) Except as otherwise provided in the power of attorney and subsection
(4) of this section, an agent that does not participate in or conceal a
breach of fiduciary duty committed by another agent, including a
predecessor agent, is not liable for the actions of the other agent.
(4) An agent that has actual knowledge of a breach or imminent breach of
fiduciary duty by another agent shall notify the principal and, if the
principal is incapacitated, take any action reasonably appropriate in the
circumstances to safeguard the principal's best interest. An agent that
fails to notify the principal or take action as required by this subsection
is liable for the reasonably foreseeable damages that could have been
avoided if the agent had notified the principal or taken such action.
[ 2016 c 209 § 111
<http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/Senate/5635-S.SL.pdf?cite=2016%20c%20209%20%C2%A7%20111>
.]

*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
6443 Harding Avenue | P.O. Box 290 | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


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On Mon, Apr 19, 2021 at 2:49 PM <Jeff at bellanddavispllc.com> wrote:

> Listmates:
>
>
>
> Client is naming three people as independent agents.  If two of the three
> are no longer able to act, client would like the last agent standing to
> have the authority to pick a successor agent.   Have any of you run into
> this issue before?  It seems odd to allow an agent to pick another agent
> for the principal, but I suppose it is ok.
>
>
>
> Jeff Davis
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
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