[WSBAPT] Non-Profit Board of Director Empowered to appoint alternate agent

[Lewis, Amy C.]

RCW 11.125.110(2) allows the grant of authority to name successor agents:

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It seems like the board of directors of a non-profit would qualify as designating a person by office or function (the statute uses "person" singular not persons - not sure if that would matter).  However, would the board of directors be comfortable making such an appointment?


Amy Lewis, Attorney
Pronouns she/her/hers
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909 A Street, Suite 600 | Tacoma, WA 98402
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Monday, February 5, 2024 2:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Non-Profit Board of Director Empowered to appoint alternate agent

Don't know if it would be valid.  I have done that with respect to a PR nomination, and it works well.
Courts are usually willing to accept such nominations.  But here you would be dealing with financial institutions, which (as we all know) are very picky.
Good luck with that.
Phil Jones

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com> <Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>>
Sent: Monday, February 5, 2024 9:08:35 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Non-Profit Board of Director Empowered to appoint alternate agent


Listmates:



Clients appoint 1st and 2nd alternate agents in their DPOA.  They want to add if neither of those alternates can act, then the Board of Directors of a non-profit entity can select an alternate agent.  Have any of you estate planners seen this done?  Would that even be valid?



Jeff Davis



W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

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email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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