[WSBAPT] swapping successor agents under a DPOA

[Jane Bitz]

Sharon:

I think if they actually resign or decline to serve you will have an issue under RCW 11.125.110 (2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(a) Has the same authority as that granted to the original agent; and
(b) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.

Does the DPOA authorize delegation?
RCW 11.125.140 (8) Unless RCW 11.125.110(1) applies, an agent may only delegate authority to another person if expressly authorized to do so in the power of attorney and may delegate some, but not all, of the authority granted by the principal. An agent that exercises authority to delegate to another person the authority granted by the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person, provided however that the agent shall not be relieved of liability for such person's discretionary acts, that, if done by the agent, would result in liability to the agent.

Maybe the two agents who are not acting for the Principal could delegate to the 3rd Agent, instead of declining to act or resigning? That would leave them available to step back in if needed.

Jane.
Jane G. Bitz
Of Counsel
WHC Attorneys PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sharon Rutberg
Sent: Thursday, February 6, 2025 11:58 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] swapping successor agents under a DPOA

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/>
Washington State Bar #47055
WE HAVE MOVED! OUR OFFICE IS NOW LOCATED AT CANAL PLACE, 150 NICKERSON STREET, SUITE 101, SEATTLE, WA 98109.

Canal Place is between Seattle Pacific University and the Fremont Bridge, along the Ship Canal. Free and convenient parking is available for our clients and other guests.
NOTICES
The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine, and/or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250206/c02db89b/attachment.html>