[WSBAPT] Alzheimers & Power of Attorney & Estate Planning

Thu Jan 30 10:55:14 PST 2014

Good morning:

Several thoughts/issues come to mind in your situation. First, (and I did
this myself before writing this email), you may want to review RPC 1.14,
Representing Client’s with Diminished Capacity. Assuming that W is your
client, as attorneys we are required to maintain a normal client-lawyer
relationship “as far as reasonably possible,” with a client who has
diminished capacity. We also need to understand the capacity standard for
signing a POA. For those of us who practice Elder Law, or work in estate
planning with people who potentially or actually have diminished capacity,
determining if a client has the requisite capacity can be challenging, but
it falls to us to do the analysis. 

I don’t think I would wait to do POA’s until she gets worse; arguably both
spouses should both have complete estate and disability planning
documents, including Powers of Attorney for finances and healthcare. If
her capacity is now diminished, or is expected to diminish over time, you
could have the POA for finances effective immediately rather than upon
incapacity (springing), which would give him authority as soon as the
documents are executed. You also don’t want her to get worse, and need a
guardianship to give him the authority he needs.

Another thought that comes to mind is that if they are drafting wills,
depending on her condition and their financial situation, if there is the
possibility that she will need long term care, at some point there should
be a discussion about long term care planning and the possibility of
Medicaid, which could impact the drafting of their wills and their POA’s.
You may want to review RCW 11.94.050 to determine if there are powers that
should be specifically provided for in the POAs in the case of this
client.

Hope this is helpful. I would be happy to talk with you as well.

Very Truly Yours,

Val

Valerie O. Ohlstrom

Attorney and Counselor at Law

 <mailto:vohlstrom at comcast.net> vohlstrom at comcast.net

 <http://www.valerieohlstrom.com/> www.valerieohlstrom.com

(206) 498-1560

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Victor Ro
Sent: Thursday, January 30, 2014 9:42 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Alzheimers & Power of Attorney & Estate Planning

Jane - that is very interesting; it involves a husband whose wife is
getting more serious and I don't think he's trying to manipulate the
situation, although I may be wrong; SSD has been denied and she hasn't hit
65 yet for Medicare.

He simply wants to be able to organize his and his wife's life with ease;
I'm thinking of simply going through the full POA side "if" the
Alzheimer's gets even more "officially" serious.  Right now, he only has
Med. POA.

I'm wondering if there is a way so that he can simply take over her
affairs so long as she consents.  Maybe. Maybe not.

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
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On Jan 29, 2014, at 6:47 PM, Jane Bitz <Jane at JBitzLaw.com> wrote:

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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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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