[WSBAPT] swapping successor agents under a DPOA

[Sharon Rutberg]

Hi, folks -

Principal under a DPOA for financial matters has lost capacity since signing. Principal appointed her spouse and three successor agents (not co-agents). Spouse has died. The last successor agent named has been helping principal with her financial matters, and we believe it would be appropriate for him to succeed her deceased spouse as agent. The first two named successors are willing to step aside by signing a declination to serve.

HOWEVER, what if the last-named agent becomes unable to serve? Can the three successors agree among themselves in writing that if the third successor becomes unable or unwilling, then the first successor can serve (or the second, if the first is unable/unwilling)?  We don't want the principal to have no agent if the last named can no longer assist.

Has anyone come across this situation?

Many thanks,
Sharon

Sharon Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
150 Nickerson St., Suite 101
Seattle, WA 98109
Ph: 206-735-3177
Fx: 206-666-3736
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
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