[WSBAPT] Durable Power of Attorney Question

G. (Gus) Benjamin Lindsey III lindsey3 at gbl3law.com
Thu Sep 24 08:47:23 PDT 2015


Good morning,

 

I have a situation in the client is revising current DPOAs, in part because
the former agent is no longer in the client's life. The Client wants an
adult child to be the agent/attorney-in-fact for all financial and general
matters; however the client has a traveling companion that the client wants
to have a say in the event of a medical emergency. (The companion assists
client with taking medication and is informed on client general
health/medical issues.)

 

However the client does not want the companion to have any say over client's
finances in the event of  incapacity nor does client want the companion to
have the ability to spend client's money, even for medical treatment. It
seems like the client wants the companion to be the "consultant" in terms of
medical treatment but nothing else. Client already has a living
will/directive to physicians.  

 

I would appreciate any insight from those who have drafted DPOA for a
similar situation. It seems that the client changes companions every few
years. 

Also client's current DPOA is covers both general and health. Any thoughts
on the pros/cons of separating these into two DPOAs? 

 

Thanks!

 

 

Sincerely,

 

G. (Gus) Benjamin Lindsey III

Attorney-at-Law



 

The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258

Phone:   (425) 263-9585

 

website: www.gbl3law.com <http://www.gbl3law.com/> 

 

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