§4.6 - Termination

• Jurisdiction: Washington

§4.6 TERMINATION

This section discusses termination of a power of attorney, either by revocation; by death, disability, or incompetence of the principal; or by changed circumstances.

(1) By revocation

With two limited exceptions discussed below, the principal may revoke the power of attorney at any time, with or without reason. Arcweld Mfg. Co. v. Burney, 12 Wn.2d 212, 221-22, 121 P.2d 350 (1942). A power of attorney may be drafted to terminate at some specified time. However, a recorded or registered power of attorney is not revoked unless the instrument of revocation is also recorded/registered in the same office. RCW 65.08.130 (nonregistered land); RCW 65.12.410 (registered land); Adams v. Mignon, 197 Wash. 293, 301, 84 P.2d 1016 (1938). This is so even if the power of attorney suggests that it may have expired by its own terms. Id. By recording the revocation of a power of attorney, the principal gives binding, constructive notice of the revocation, even to persons who have previous knowledge of the power of attorney, but have no actual notice of its revocation. Lazov v. Black, 88 Wn.2d 883, 886, 567 P.2d 233 (1977).

Practice Tip: Do not draft a power of attorney that expires on the happening of a particular event or on satisfaction of a contingency. Third parties may be unable to ascertain whether the event has occurred or if the contingency has been satisfied, and the power of attorney may therefore be deemed un revoked as to third parties. The better practice is to draft a power of attorney that expires on a particular date or only on revocation by a recorded instrument.

A power of attorney is irrevocable in two cases when revocation of the power would harm some interest of the agent and even though it provides that it is revocable. First, powers of attorney are irrevocable when the authority of the power is coupled with an interest. A "power coupled with an interest" is a power or authority to do...