[WSBAPT] Durable Power of Attorney Question

[Marcus Fry]

Gus:
Why not do a DPOA for financial and a DPOA for healthcare.  That way the adult child is only on financial.  From a practical standpt, when it comes to medical decision-making requiring joint decision-making can be burdensome especially in times of emergencies and generally medical professionals aren’t going to pour through the document to see if the AIF needs to consult with someone.  You can go the route of having the child and the companion as co-AIFs on the healthcare with either possessing the authority or just state in non-emergency situations the adult child (AIF for medical) needs to consult with the companion on care decisions and medical treatment prior to making such decision.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
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Yakima, Washington  98907
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Thursday, September 24, 2015 8:57 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Durable Power of Attorney Question

Sorry I do not have an answer to your question.  However, it brings up something I have been thinking about.  We do codicils for Wills in order to avoid doing the entire document again.  Is there a process to do something similar for a POA?  I have never heard of a codicil to a POA simply changing the attorney-in-fact.  Is that done?

On Thu, Sep 24, 2015 at 8:47 AM, G. (Gus) Benjamin Lindsey III <lindsey3 at gbl3law.com<mailto:lindsey3 at gbl3law.com>> wrote:
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
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James R. Doran
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