[WSBAPT] Durable Power of Attorney Question

Thu Sep 24 09:42:28 PDT 2015

A meaty question for first thing Thursday.

I generally separate medical and general powers of attorney for exactly the reasons you describe. Those who might share values and be good medical decision makers are not always the ones good with money.

I would consider making the adult child first choice, but add companion as a back-up in the event of unavailability of the first named agent, might even go so far as to indicate that "such unavailability as might occur when I am travelling outside the state of Washington with Backup".  An alternate option would be naming adult child and/or companion to serve jointly or individually, but this would require explaining the problems that would arise if they did not agree.

As for the prior response, about codicils and whether something similar exists for a durable power of attorney, I would expect that the principal can do whatever they want, to the point of executing (with all the same formality) an amendment to the POA revoking only the parts of the prior document that are relevant and identifying the substituting language, designation, etc. HOWEVER, as a general rule, I avoid codicils where the document can be easily re-drafted. I think the confusion that can arise, the possibility of errors and the hassle factor dictate one document to do one job over multiple documents to do one job, or one document to do multiple jobs. If I have a client making minor changes to a controversial Will, I might utilize a codicil. If I can simply pull the document up in my computer and type in a couple quick changes and execute a new complete original, that is often going to serve the client better.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. (Gus) Benjamin Lindsey III
Sent: Thursday, September 24, 2015 8:47 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Durable Power of Attorney Question

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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