[WSBAPT] DPA with two AIFs able to act independently

[Eric Nelsen]

RCW 11.125.110<https://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.110> indicates that "Unless the power of attorney otherwise provides, all coagents must exercise their authority jointly...."

My client wants to name two siblings but give them each authority to act alone-essentially, have two active and independent attorneys in fact simultaneously. On both financial and health care DPAs.

Leaving aside the obvious practical pitfalls of conflicting instructions, etc., is there any legal barrier to providing for this in a DPA?

Also, any thoughts on whether this is so unusual that banks, brokerages, medical providers, etc., might balk at following the specified authority of one without the other?

I thought of drafting two separate DPAs, but that might be even more confusing than having them both named in a single document. Though perhaps I could include a statement in each one that refers to the other and acknowledges that the other exists and remains in effect independent of this instrument.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250618/1a338888/attachment.html>