[WSBAPT] Durable Power of Attorney - Court Appointed Successor Agents

Jeanne Dawes jjdawes at goregrewe.com
Thu Feb 24 23:44:00 PST 2022


Dear List Mates:

Has anyone been successful brining  TEDRA action (probably under RCW 11.125.160(2)(h) of the new Uniform POA Act) to appoint successor agents under an existing General DPOA, where both named agents have died?  My principal is in memory care in Benton County and fully incapacitated.  Her two living children are here in Spokane, and I want to bring the action in Spokane.  The original agent and named successor were 2 of the principal's 4 children.  We will be asking the court to name her other 2 (living) children as agent and successor .
If you are willing to share your Petition and Order that would be helpful.
RCW 11.125.160<http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.160>
Court petition-Who may file-Reasons may file.
(2) A person designated in subsection (1) of this section may file a petition requesting the court to construe a power of attorney or grant any other appropriate relief, including but not limited to:
(h) Confirmation of the authority of a successor agent to act under a power of attorney upon removal or resignation of the previous agent;

RCW 11.130.335  Makes a pretty generic statement that "The court has authority to revoke or amend any power of attorney executed by the adult."
Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL.  IF YOU ARE NOT THE INTENDED RECIPIENT, DO NOT READ, DISTRIBUTE OR REPRODUCE THIS TRANSMISSION (INCLUDING ANY ATTACHMENTS).  IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER BY E-MAIL REPLY.
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