[WSBAPT] DPOA child restricting sibling's access to parent

[James B. Dolan]

Eric:

 

I think you are basically on track with 74.34 and 11.94, although you might
have to get a little creative.  If Dad wants to see family but they are
being excluded I think both statutes apply, possibly framed as emotional or
mental abuse.  Per 74.34, possibly obtain an order that makes family access
possible.  Per 11.90, possibly seek removal of AIP.  Use the (if valid)
concerns regarding financial shenanigans to bolster your argument.  I had a
similar situation a while ago and the excluded children simply showed up and
forced the issue ("go ahead and call the police if you want, but we are here
to see our dad - unless you have a court order prohibiting contact, we're
coming in").  If, as you state, Dad is able to articulate his wishes,
unless Dad doesn't want to see his children, AIF and caregiver cannot
exclude them.  

 

Possibly consider Idaho APS as well?

 

Jim Dolan

 

===================

 

Jones Butler Dolan, PS

www.jbdolan.com

www.jonesbutlerdolan.com

 

Mount Vernon

 

P.O. Box 2784

720 South Main Street

Suite 233

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, June 22, 2015 10:53 AM
To: WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com)
Subject: [WSBAPT] DPOA child restricting sibling's access to parent

 

This is in eastern Washington, farm country. Client's mother died last year;
father survives but has mild dementia (short-term memory problems but
generally healthy and able to care for himself, though not handle financial
matters and can't maintain the family farm by himself any more). Client has
3 siblings, one of which is DPOA for Dad.

 

The DPOA has moved Dad from the parents' Washington farm to a 'care home' in
Idaho that actually sounds like somebody's house, where they keep Dad and
another individual in a small room on twin beds. DPOA has given the
caregiver complete authority to exclude client from the house, restrict
phone call access, etc. (Meanwhile, other possible financial shenanigans,
but that's not the point of this post.)

 

Please assume Dad wants to be able to see client, and can articulate that,
but the caregiver consistently interferes, with DPOA's full knowledge and
approval.

 

Any thoughts on how to proceed in this situation? Two issues:

 

1. How to challenge DPOA's authority to restrict access to the parent (and
delegation of authority to the caregiver)?

 

2. Jurisdictional problems--moved Dad to Idaho, though domicile is/was
Washington.

 

If it has to come to legal action, I'm considering Vulnerable Adult petition
for Protection Order under RCW 74.34.110, and petition re DPOA under RCW
11.94.090. But this restricted-access issue seems a little different from
straight financial exploitation or obvious, physical abuse/neglect.

 

Many thanks for your thoughts!

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150622/fbbe15f6/attachment.html>