[WSBAPT] How to Delegate in a POA

[Nick Pleasants]

What does the agent want their delegee to do? If the delegee is just running errands and then getting reimbursed, nothing written is required, although perhaps a mutual understanding between agent and delegee would be beneficial. Because the agent cannot delegate ALL of their authority to a delegee, the delegation is necessarily limited to specific tasks. For example, I’m not sure the IRS would accept a tax return for the principal signed by the delegee.
If agent wants the delegee to be able to sign checks on behalf of the principal, I would ask the bank what they require / if that is acceptable to them. I think whoever is being asked to take instruction from the delegee rather than the agent named on the POA will have a form or suggested language to use. In my experience this is a one-page letter of instruction (possibly notarized) from the agent to the financial institution to please accept instruction from the delegee.
Best,
Nick

Nicholas Pleasants | Shareholder

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Wednesday, January 18, 2023 11:01 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] How to Delegate in a POA

Greetings List Members -

I have a situation that I have not encountered before and am looking for the practical guide. In short - I am missing the instructions on how someone (who has the power to do so) can delegate their authority.

Client has a POA with the express power to delegate duties. Primary agent in fact has cancer and needs help and wants to delegate some of the duties as allowed by 11.125.140(8).

How is this accomplished? Do I just type of a flourished statement for the Agent to sign in front of me (as a notary) appointing and specifically delegating specific abilities and then just have the new delegated agent take that with a copy of the POA to anywhere she would need to go?

Thank you!

Brent Williams-Ruth (pronouns: 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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