[WSBAPT] Power of Attorney Agents Picking Successor Agents

Mon Apr 19 15:08:29 PDT 2021

THank you Sarah for putting up the statute.

I will say that I have this as one of my "Hot Powers" sections where I have
the client specifically initial next to this authorization indicating that
they want to include this grant of authority.

Right now, I am sitting bedside with my mother in Las Vegas, serving as her
POA. I really wish that I had the ability to find someone to appoint so I
could come back to Washington for a bit of time and leave someone in charge
who can hold the hospital's feet to the fire and I scoured her POA and
there is nothing in it that allows me to so designate anyone else and the
successors are all my family who are ALSO in Washington state.

I highly recommend including this power for those JUST IN CASE situations.

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

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

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

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

On Mon, Apr 19, 2021 at 3:04 PM Sarah McCarthy <sarah at kawlawyers.com> wrote:

> 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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