[WSBAPT] Power of Attorney Agents Picking Successor Agents

Mon Apr 19 15:18:01 PDT 2021

I have included this authority in a few POAs where the Principal is single,
no family, and only one friend they feel comfortable with appointing.

Laurel

On Mon, Apr 19, 2021 at 3:12 PM Brent Williams-Ruth <
brent at williams-ruthlaw.com> wrote:

> 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*
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>
> 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
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>>> Fax: (360) 683.1258
>>> email: jeff at bellanddavispllc.com
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-- 
Laurel Brown
*Attorney and Counselor at Law*
*5071 SW Waite St.*
*Seattle, WA  98116*
*info at lbrownlaw.com <info at lbrownlaw.com>*
*425-361-6286*
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