[WSBAPT] Health POA authority

[Paul Grant]

As a follow up, I am trying to rest on RCW 7.70.065 - this is a tort
statute but clearly lays out who has the ability to give informed consent
and the priority order.  My argument is that the priority order, although
tucked in a tort statute, gives the authority to the court to allow
informed consent by Wife if Sister is unavailable.

Other thoughts????


Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.

On Wed, Dec 3, 2014 at 2:18 PM, Paul Grant <paulnnepa at gmail.com> wrote:

> Does any one have any knowledge of legal authority (I cannot find in the
> statute, so maybe case law) of a judge's authority to add another attorney
> in fact to a Health Care POA?
>
> Client created POA 5+ years ago, got married 2 years ago, and now in
> critical condition.  Wife wants to participate and sister (who is named in
> POA) wants wife to participate... every one loves everyone.  Sister and
> wife would like to co-agent but not require both consents (sister travels
> and will be out of town and is very fearful that she is unreachable to make
> decisions).
>
> RCW 11.94.100 does not allow an exchange or addition of an agent.
> Guardianship NOT desired!
>
> Other thoughts or authority I could take to a judge?
>
> Paul H. Grant - JD, LL.M
>
> Planning with Purpose, Inc
> Lynnwood, WA 98036
> 425-939-9948
> www.planningwithpurposeinc.com
>
> Estate Planning. Business Planning. Wealth Succession.
>
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