[WSBAPT] HCDPAs for Minors Signing Requirements

[Sam Furgason]

Paul,

I am not aware of any requirement that powers of attorney be witnessed or
acknowledged to be effective (just to be recorded). I am generally aware
that hospitals are somewhat nervous to very nervous about being sued, as
well as about the whole privacy issue. 

What I would do were I in your situation is put that extra language above
the signature line for unsworn affidavits, even though it would be legally
superfluous, with "City/County Where Signed" printed under the line instead
of "Place Where Signed," then attach the statute which says "RCW Sec. blah,
blah" about unsworn statements to the form. If you want to go to the extra
10 yards, include the form for certifying the authority of the AIF, with
that applicable statute. Modify the form to be specific to the situation. Or
don't do any of the foregoing if you think it will be off-putting to the
supervisory adult. As you say, something is probably better than nothing.
There's always the risk that the poor fellow who takes the kid to the
hospital will be faced with a decision which will go against the parents'
wishes - tetanus booster, some sort of surgery decision, whether to
transport or call 911, etc. At least no one extra will be required for
signature.  

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, July 06, 2015 10:49 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] HCDPAs for Minors Signing Requirements

 

Ok, so I guess you are saying that no, it is not necessary to have the HCDPA
notarized or witnessed?  

 

Under my situation, I am helping a loosely organized mountain bike group.
Sometimes minors show up (or dropped off by the parent) and the group is
concerned if and when a kid breaks an arm and a non-parent adult  has to
take the kid to the emergency room.  Some adults who either know the kid or
know the family of kid have come forward and said that they volunteer to be
the responsible adult to take the kid to the emergency room, if needed.
Hence, the use of the HCDPA.  (Visualize a kid running home, slamming the
door and yelling "Mooooom, they say that I can't ride with the group anymore
until you sign this.")  In other words, I am NOT going to be there to gather
witnesses, notarize, or impress the sealing wax with the royal ring.  If I
require that the HCDPA be notarized or witnessed, or both, I imagine that it
will not get done because it is too burdensome of a procedure. So, I asked
the listserv if was legally necessary to have the HCDPA for Minors be
notarized or witnessed.  While it would be best to use as many formalities
as possible, just getting the parent's signature would be better than
nothing.  

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sam Furgason
Sent: Thursday, July 2, 2015 8:30 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] HCDPAs for Minors Signing Requirements

 

The purpose of the power of attorney is to convince non-lawyers to recognize
the requests of a person's authority to act on behalf of the principal. In
that respect, I believe that "adding weightiness and looking important" can
come in quite handy. That's why I always added that notary stamp to a lot of
documents which did not legally require one, such as Health Care Directives
and Health Care Powers of Attorney. It's there to give doctors, nurses,
nurse practitioners, and administrators a level of comfort in dealing with
legal matters they are not trained to interpret. If every other similar
legal document comes with witnesses and acknowledgments, those without such
raise a warning flag. If, on the other hand, your document has even more
authentication than others, such as an acknowledgment in addition to witness
signatures, such serves, in my opinion, to add validity. Of course, if you
use the form standardized and in common use by the institution where you
know your client will be going, that also should be easily accepted. 

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 Paul Neumiller
Sent: Thursday, July 02, 2015 3:34 PM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] HCDPAs for Minors Signing Requirements

 

After reviewing 11.94 and the estate planning deskbook, I can't find the
signature requirements for an effective HCDPA for minors.  They will not be
recorded so I have no independent need to have the DPA notarized.  I don't
find any requirement for witnesses.  Other than adding weightiness and
looking important, any other reasons for doing more than the signature and
date of the signing parent?  

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