[WSBAPT] Alzheimers & Power of Attorney & Estate Planning
Marcus Fry
mfry at lyon-law.com
Thu Jan 30 10:52:32 PST 2014
I follow Craig’s questioning to the t. It flushes out whether the
selection of their POA has to do with age (such as oldest child), location
to principal, or level of confidence in the POA’s ability.
Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington 98907
Telephone: (509) 248-7220
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Craig Liebler
Sent: Thursday, January 30, 2014 10:31 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Alzheimers & Power of Attorney & Estate Planning
Whichever POA you do should be durable, unless for a very specific purpose
and limited.…and why put a hurdle in for trusted agent to act? I only
use springing powers VERY rarely…usually with non family members….I ask my
clients “ you trust this person when you are incapacitated and do not know
what he is doing, but you do not trust him now, when if he does something
you don’t like you can revoke? If you do not trust him don’t give him
anything.
Usually they see the reasoning…I also ask them “ How do we determine
incapacity?” and advise that with my word processor I can draft a letter
with any DR. letter head and scribble his name and attach it to the POA
and no one will know…..
That usually convinces them that a springing POA is not what they want.
Of course for HCPOA it is automatically a springing situation even if the
written one says immediate, since it is the DR. or medical provider who
will 1st determine if the patient can make competent decisions, since that
relates to their liability.
My 2 cents. Craig L.
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Victor Ro
Sent: Thursday, January 30, 2014 9:48 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Alzheimers & Power of Attorney & Estate Planning
Craig - I'm preliminarily looking at 2 options (among many).
Simply a General POA - give husband full reign.
or
Mere Durable POA with the "springing" action.
Other suggestions?
Victor Ro, Esq.
THE RO FIRM, P.S.C.
A Professional Services Corporation
5400 Carillon Point
Bldg. 5000, 4th Floor
Kirkland, WA 98033 <x-apple-data-detectors://0/0>
Tel: (206) 319-7072 <tel:(206)%20319-7072>
Fax: (206) 319-4470 <tel:(206)%20319-4470>
This communication is CONFIDENTIAL - ATTORNEY WORK PRODUCT - PRIVILEGED.
You are responsible for any damages arising in any way from its use. Do
not construe this correspondence or contents, thereof, as legal advice or
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On Jan 30, 2014, at 7:54 AM, Craig Liebler <cliebler at licbs.com> wrote:
I agree with Jane…Get good Durable powers of attorney in place NOW. I
recommend ones that are immediately effective vice a springing power.
With AIF’s that the principal TRUSTS.
Craig L.
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Jane Bitz
Sent: Wednesday, January 29, 2014 6:47 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Alzheimers & Power of Attorney & Estate Planning
Are you concerned that the client does not have the capacity to understand
the estate planning process/documents/outcomes or that others will think
that they do not have the capacity because of a “diagnosis”?
Stage 1 is defined as “no cognitive impairment” by the Alzheimer’s
Association. If your client shows no impairment, then I would proceed
normally with the estate planning process.
I have found that sometimes a client “denies” impairment because they are
not legally incompetent and the person who is informing you of the
diagnosis is trying to influence/manipulate the situation.
Jane Bitz.
Jane G Bitz
Attorney at Law, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jane at jbitzlaw.com
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Victor Ro
Sent: Wednesday, January 29, 2014 3:27 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Alzheimers & Power of Attorney & Estate Planning
Members:
How have you handled this issue?
Simply stage 1 Alz. and worsening.
There is also another thorn as to DENIAL of disability.
Victor Ro, Esq.
THE RO FIRM, P.S.C.
A Professional Services Corporation
5400 Carillon Point
Bldg. 5000, 4th Floor
Kirkland, WA 98033 <x-apple-data-detectors://0/0>
Tel: (206) 319-7072 <tel:(206)%20319-7072>
Fax: (206) 319-4470 <tel:(206)%20319-4470>
This communication is CONFIDENTIAL - ATTORNEY WORK PRODUCT - PRIVILEGED.
You are responsible for any damages arising in any way from its use. Do
not construe this correspondence or contents, thereof, as legal advice or
as an engagement between an attorney and client. If you received this
communication in error, delete it immediately and permanently from all
existing files. NOTICE and PROHIBITION: Do not copy, transmit,
retransmit, distribute, or disclose this information contained, herein.
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