[WSBAPT] Health POA authority

Roger Hawkes Roger at law-hawks.com
Thu Dec 4 10:54:58 PST 2014


Like I said........it's pretty broad:)

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Doug Schafer [mailto:schafer at pobox.com]
Sent: Thursday, December 04, 2014 9:16 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Health POA authority

Among the arguments you might use, RCW 11.96A.020:
(1) It is the intent of the legislature that the courts shall have full and ample power and authority under this title to administer and settle:
     (a) All matters concerning ... powers of attorney ....
     (2) If this title should in any case or under any circumstance be inapplicable, insufficient, or doubtful with reference to the administration and settlement of the matters listed in subsection (1) of this section, the court nevertheless has full power and authority to proceed with such administration and settlement in any manner and way that to the court seems right and proper, all to the end that the matters be expeditiously administered and settled by the court.

Doug Schafer

On 12/3/2014 3:46 PM, Roger Hawkes wrote:
TEDRA statute??  It's pretty broad.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Paul Grant [mailto:paulnnepa at gmail.com]
Sent: Wednesday, December 03, 2014 2:19 PM
To: Probate & Trust Listserv
Subject: [WSBAPT] Health POA authority

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<http://www.planningwithpurposeinc.com>

Estate Planning. Business Planning. Wealth Succession.




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