[WSBAPT] "Convey" power in a durable POA

[Eric Nelsen]

I think technically speaking, I would differentiate between (A) the power to convey under the POA, and (B) the fiduciary duty to convey only for fair value.

Strictly speaking, it sounds like an attempt to convey for no consideration would be absolutely prohibited—not even within the authority of the POA—which I think arguably means such a deed could be absolutely void. Certainly it should be voidable as ultra vires. But if the POA authorizes “sale” meaning conveyance in exchange for valuable consideration, then I think the “nominal” value received in exchange means the deed might be actually authorized. It’s a “sale” for far below market value. But then it’s a breach of fiduciary duty and I think the court would impose a constructive trust on the property for the benefit of the principal.

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>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ann Manley
Sent: Monday, September 21, 2026 3:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] "Convey" power in a durable POA

PC's father executed a durable POA granting PC the power to convey but not the power to gift. She would be prohibited from quitclaiming property to herself for nominal value, correct?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
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www.manleyfirm.com<http://www.manleyfirm.com>

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