[WSBAPT] Power of Attorney for Personal Representative

[Dalynne Singleton]

I researched this several years ago and my opinion is NO a PR cannot delegate their fiduciary powers or duties to another person.  A PR's authority comes from the court appointment and probate statutes, not from the principal, so those duties are non-delegable. RCW 11.125 applies to powers of attorney granted by a living principal, not to court-appointed fiduciaries like PRs.  Washington courts have consistently treated PR duties as non-delegable. Case law appears to emphasize this principle:
In re Estate of Rathbone, 193 Wn.2d 603 (2019):  The Washington Supreme Court reaffirmed that a personal representative's authority is derived from statute and court appointment, and cannot be expanded or delegated beyond what the law permits. The court noted that nonintervention powers allow independence from court supervision, but not the transfer of fiduciary responsibility to another person.  I have not researched this further so need to update and see if any negative reporting.  If the PR finds itself in this position needing to delegate fiduciary powers, probably resigning and appointing a new PR is in order.    Of course, the attorney for the PR provides guidance and assistance in meeting the PR's fiduciary obligations.
Dalynne Singleton
Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>  Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a consultation, please call/email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Erica erica at glgmail.com<mailto:erica at glgmail.com>, or Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  Co-counsels at GLG are Attorney Carrie Ulrich (carrie at glgmail.com<mailto:carrie at glgmail.com> ), Spencer Clower (spencer at glgmail.com<mailto:spencer at glgmail.com>) and Candace Wilkerson (candace at glgmail.com<mailto:candace at glgmail.com>).  Litigation paralegals are Kristin Jacobs (kristin at glgmail.com<mailto:kristin at glgmail.com>) and Daina Gray (daina at glgmail.com<mailto:daina at glgmail.com>).
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Tuesday, December 2, 2025 10:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Power of Attorney for Personal Representative

Dear All:
May a court-appointed Personal Representative grant powers of attorney to the attorney for the Estate to act as Agent, i.e., in the stead of the Personal Representative?
If so, do any of you have any examples of a document that accomplishes this particular grant of powers?
Thanks.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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