[WSBAPT] DPOA child restricting sibling's access to parent
James B. Dolan
jbdolan at jbdolan.com
Mon Jun 22 11:49:45 PDT 2015
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
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