[WSBAPT] Durable Power of Attorney Question

[Lisa Schuchman]

I always do two separate POAs.  Often clients have different people for health care and financial AIF, or different backups.  I have also done temporary health care POAs for travelers (including myself), with start and expiration dates.  Usually the expiration date is the expected date of return "or on my return, whichever is later."

Lisa E. Schuchman
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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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