[WSBAPT] Health POA authority

Paul Grant paulnnepa at gmail.com
Thu Dec 4 15:04:24 PST 2014


THANK YOU EVERYONE !!!!!


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 Thu, Dec 4, 2014 at 10:54 AM, Roger Hawkes <Roger at law-hawks.com> wrote:

>  Like I said……..it’s pretty broadJ
>
>
>
> Roger Hawkes, WSBA # 5173
>
> 19909 Ballinger Way NE
>
> Shoreline, WA 98155
>
> 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
>
> 206 367 5000
>
> Fax is 206 367 4005
>
>
>
> *From:* Paul Grant [mailto:paulnnepa at gmail.com <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
>
> Estate Planning. Business Planning. Wealth Succession.
>
>
>
>
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