[WSBAPT] Agent's Power to Appoint Different Successor Agent

[Heather de Vrieze]

My understanding on this has been that it must be specifically provided in the document for the agent to be able to delegate, or to be able to identify a successor.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D80876.E112F9F0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Natalie Kuehler
Sent: Thursday, January 13, 2022 11:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Agent's Power to Appoint Different Successor Agent

Hello all,

Apologies in advance for making the same post on multiple list-serves.

Can an agent under a 2018 power of attorney who is granted "the power of any absolute owner over the person, assets and liabilities of the Principal" remove an existing successor agent and name a new successor agent, or does that power have to be specifically enumerated under RCW 11.125.110(2)?

The situation I'm running into is that the principal is no longer competent, and the initial agent is rapidly failing, too, though still competent for the time being. The successor agent who was named by the principal over three years ago has become abusive to the principal. An unrelated person who is trusted by all involved is willing to step in if we can find a way to make it happen. There aren't a lot of assets at risk; this is all about ensuring the continued physical and emotional well-being of the principal.

Any and all thoughts welcome.

Thank you!
Natalie



Natalie N. Kuehler
KUEHLER & GRIM PLLC
PO Box 3059 - 1112 State Route 20
Winthrop, WA 98862
o: (509) 996-2832 x1 - c (509) 557-5769
www.kuehlergrim.com<http://www.kuehlergrim.com>

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