[WSBAPT] Durable Power of Attorney Question

Thu Sep 24 09:47:58 PDT 2015

Thanks Heather.

On Thu, Sep 24, 2015 at 9:42 AM, Heather deVrieze <
heatherd at westseattlelaw.com> wrote:

> 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
> *Attorney-at-Law*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
>
>
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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
>
>
>
> The Law Office of G. Benjamin Lindsey III
>
> 2012 Grade Road, Suite 202
>
> Lake Stevens, WA 98258
>
>
>
> Phone:   (425) 263-9585
>
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>
> website: www.gbl3law.com
>
>
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-- 
James R. Doran
Attorney at Law
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