[WSBAPT] Power of Attorney; Power to Contract.

[Marcus Fry]

Doug,

Short answer no.  Without looking at the case, was it a springing power of
attorney and the real issue then is whether the principal was
incapacitated at time of signing the NH agreement?  Thus, the “precluding
effect” because the principal has been determined incapacitated to handle
his affairs, springing the POA into effect.

 

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 
Adoption Attorney*

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Yakima, Washington  98907 
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Doug Schafer
Sent: Thursday, January 30, 2014 11:04 AM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] Power of Attorney; Power to Contract.

 

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On page 11 of the below unpublished opinion, COA Div.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=inions.disp
<ttp://www.courts.wa.gov/opinions/?fa=inions.disp&filename10558MAJ%22>
&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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