[WSBAPT] DPA with two AIFs able to act independently

[Rebecca King]

Hi Eric,

Here is the language we use for Co-agents.  So far it has been accepted by financial institutions (and yes I am knocking on wood as I type this).

Designation of Agent. I hereby designate AIF1 or AIF2 as my Co-Agents. Where the term "or" is used in this paragraph, it shall mean that any one individual so named may at any time act as Agent, independently of the other and they shall not be required to act jointly. Either Agent's signature or act under the authority of this document shall be accepted by all third persons as fully authorized by me. In the event that either AIF1 or AIF2 is unable or unwilling to serve, the other shall serve as sole Agent. In the event both AIF1 and AIF2 are unable or unwilling to serve, I designate AIF3 as Successor Agent.

Warmest regards,
Rebecca King
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544
www.nwelg.com<http://www.nwelg.com>

Recognized for Providing Services in Elder Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, June 18, 2025 2:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DPA with two AIFs able to act independently

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>

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