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

[Eric Nelsen]

All--follow up question, regarding jurisdiction for a Guardianship action.

If the father, who lived in Washington for his whole life until moved to a care facility in Idaho, is visiting in the State, is it possible to obtain jurisdiction over him for purposes of a Guardianship action? Then if he goes back to Idaho before a Guardianship is imposed, can the court's judgment be enforced?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



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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