[WSBAPT] Mental Illness and POA

[Marcus Fry]

Thanks again.  Based upon everyone's responses, it appears that everyone treats a medical POA and a Mental Health Directive (with a POA) as two entirely separate documents.  Unless someone has a better idea, my plan is simply to draft language in the DPOA that states that in the event of a conflict between the DPOA for medical/financial and the Mental Health Directive (and its accompanying POA), that the Mental Health Directive should govern as it is more specific re some medical treatments.


Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

NOTICES:
 *Adoption Attorney reflects election as a Fellow of the American Academy of Adoption Attorneys, an invitation based organization of 300+ attorneys nationwide, under its criteria of experience, ethics and peer recommendation. Washington's Supreme Court has not yet developed or recognized a credentialing process for specialties, and certification/fellowship is not required to practice law in this state.
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Thursday, January 22, 2015 2:29 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Mental Illness and POA

Marcus, the MHAD has a POA section.  I've attached one that I use.

Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com<http://www.lisaschuchman.com/>

I prefer an excess of caricature to an excess of censorship. -Nicolas Sarkozy

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
P  Please consider the trees before printing this document

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, January 22, 2015 12:55 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Mental Illness and POA

Yes.  Sorry, I realized I used the wrong term.  Has anyone combined this into a DPOA or have they kept it as a standalone document?  They have different witness requirements, which can be easily addressed, but practically is it better to have 2 separate documents.  A 11.94 DPA and a Mental Health Directive under RCW 71.32?

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Thursday, January 22, 2015 12:45 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Mental Illness and POA

Marcus, are you thinking of the mental health advance directive?

Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com<http://www.lisaschuchman.com/>

I prefer an excess of caricature to an excess of censorship. -Nicolas Sarkozy

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
P  Please consider the trees before printing this document

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, January 22, 2015 12:35 PM
To: 'wsbapt at lists.wsbarppt.com'
Subject: [WSBAPT] Mental Illness and POA

I have regularly utilized a durable power of attorney that covers financial and medical issues.  However, I have a situation where the principal suffers from personality disorder among other mental illness diagnosis.  I seem to recall that some additional language to a POA is often recommended above and beyond your typical medical authorizations contained in a POA.  Anyone provide me with further insight on this?

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

NOTICES:
 *Adoption Attorney reflects election as a Fellow of the American Academy of Adoption Attorneys, an invitation based organization of 300+ attorneys nationwide, under its criteria of experience, ethics and peer recommendation. Washington's Supreme Court has not yet developed or recognized a credentialing process for specialties, and certification/fellowship is not required to practice law in this state.
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

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