[WSBAPT] Power of Attorney; Power to Contract.

[Doug Schafer]

Colleagues:

On page 11 of the below unpublished opinion, COA Div. III remanded a
nursing home wrongful death lawsuit for the trial court to decide several
issues, including "whether [decedent] Mr. Coon's power of attorney
precluded him from contracting with Franklin Hills [nursing home]." Mr.
Coons had signed an arbitration agreement when admitted to the facility.

Jan. 30, 2014 - 31055-8 - Mary Rushing, et al v. Franklin Hills Health &
Rehabilitation Center, et al

http://www.courts.wa.gov/opinions/?fa=opinions.disp
<http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename10558MAJ>
&filename10558MAJ
I've never before seen it suggested that by signing a power of attorney a
principal might lose their power to contract.  I've never thought that
persons could voluntarily relinquish their right/power to contract -- by
signing a POA or anything else (i.e., I declare that I lack contractual
capacity!)

My impression is that guardianships often are initiated specifically
because the AIP's previously signed POA cannot shield him/her from
contracting with predators, so a court order abrogating their right/power
to contract is sought.

Are there any sound arguments that a person could lose their right/power
to contract by signing a POA?

Doug Schafer, in Tacoma.


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