[WSBARP] Litigating with an Agent

Joseph McIntosh jmcintosh at McCarthyHolthus.com
Mon Sep 21 16:58:18 PDT 2020


I'm not aware of a legal obligation to disclose the agent.  Assuming the agent is so empowered, it can retain counsel for its principal.  The principal would be the party in interest entitled the relief, and therefore the party to the case. 

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jeff Crollard
Sent: Monday, September 21, 2020 3:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigating with an Agent

Paul,

What I've done is "Principal's name, by and through her Durable Power of Attorney Agent, Agent's name."  Same if the Principal has died, then it's "by and through her Personal Representative."  Never had a problem.

Jeff 

Jeff B. Crollard
Crollard Law Office, PLLC
Northgate Executive Center II
9725  3rd Ave NE, Suite 600
Seattle, WA 98115-2061
Phone:  206-623-3333
Fax:  206-623-3838
jbc at crollardlaw.com 

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-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Monday, September 21, 2020 12:15 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigating with an Agent

Hey Listmates, I need to bring a UD action on behalf of a disabled person and I am working with the agent under a POA.  What does my masthead say?  Just plead with the principal but signed by the agent as "principal, by agent under POA"?  Regular masthead with the principal and in my first paragraph say it is being brought by the agent under the POA?  Do I need to attach the POA?  I thank you and my malpractice carrier thanks you.  





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