§4.2 - Principal and Attorney in Fact

• Jurisdiction: Washington

§4.2 PRINCIPAL AND ATTORNEY IN FACT

(1) The principal

Generally, any natural person who has the capacity to appoint an agent may appoint another person to act as his or her attorney in fact. 3 AM. JUR. 2D Agency §24. An attorney in fact may not, in turn, appoint another person to be an attorney in fact for the principal. Id. Also, powers of attorney may not be used by a trustee, executor, or personal representative in probate proceedings or by a person acting in another representative capacity. These representative relationships involve fiduciary responsibilities that may not be delegated to third parties. See RCW 11.98.070(27) (trustee may employ advisors or assistants but may not delegate all of the trustee's duties).

(2) Fiduciary obligations

An attorney in fact owes strict fiduciary obligations to his or her principal. Keene v. Bd. of Accountancy, 77 Wn.App. 849, 858, 894 P.2d 582, review...