[WSBAPT] Code section 672 (c) and ancillary AIF appointment

[susan at pepetersonlaw.com]

HC is the AIF for his wife, who now lacks the capacity to sign a new POA.
HC would like to allow his son-in-law to take over handling his wife's
affairs, but if he resigns as AIF the successors are the couple's 3 children
as co-AIFs, which I gather would be a nightmare scenario.  The wife's POA
was drafted in another jurisdiction and contains the provision that the
Agent (HC) may designate an ancillary agent, which I think meets the
requirements for delegating authority under RCW 11.125.140(8) (If anyone
disagrees, by all means let me know).  However, the POA says that the
husband may only name an ancillary agent who is "not related or subordinate
to (the husband) within the meaning of Section 672 (c) of the IRC."
According to that section the "issue" of the grantor are considered
subordinate and related.  Does anyone have experience with this section?
Does a son-in-law count as "issue" or is there some other reason he would be
disqualified? Thanks in advance for any thoughts. 

 

Susan E. Spuller

Attorney at Law

 

Peterson Spuller, PLLC

 
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