[WSBAPT] Durable Power of Attorney Question

Thu Sep 24 10:01:38 PDT 2015

Always like to keep my audience riveted! J

Thanks for the input Heather.  You have given me some good points to
consider, especially about the companion as backup for those cases in which
they are traveling.

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

Employment/Labor Law     Construction Law     Civil Litigation     Estate
Planning      Probate     

Business Law

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Thursday, September 24, 2015 9:42 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Durable Power of Attorney Question

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

cid:image001.jpg at 01D013C2.30F35160

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.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

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

Employment/Labor Law     Construction Law     Civil Litigation     Estate
Planning      Probate     

Business Law

CONFIDENTIALITY NOTE: This e-mail message contains information belonging to
The Law Office of G. Benjamin Lindsey III, which may be privileged,
confidential and/or protected from disclosure.  The information is intended
only for the use of the individual or entity named above.  If you think that
you have received this message in error, please contact the sender.  If you
are not the intended recipient, any dissemination, distribution or copying
is strictly prohibited

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