Legal Question in Wills and Trusts in Washington

Re: What ''power'' do I have with power of attorney?

The answer is going to depend on whether your POA is effective now-- which depends on how the POA document is drafted (i.e. effective now, or effective upon incompetence, etc).

If your parent is competent to change the POA designation, he may be able to, despite your objections.

If the POA is effective now, and your parent is not competent to change it, you may not need to do anything. If this is the case, and the POA allows you the power to designate a joint POA to serve with you, you may violate your duty to your parent by including an unscrupulous person.

Under Washington law, POA cannot change wills, codicils, etc., and can't change insurance beneficiaries unless the POA specifically gives them that power. I would suggest you look through RCW 11.94 (POA statute), and specifically RCW 11.94.050. Feel free to contact me if you'd like further detail, or an evaluation of the POA documents. My number, in case it doesn't show up below, is 206-522-4638.

If the family member succeeds, you may be able to challenge based on "undue influence."