[WSBAPT] POA question

[Marcus Fry]

I wouldn’t bother with TEDRA.  RCW 11.94 has a mechanism and so do the new POA Act to obtain court approval of the proposed act.  I would definitely get court approval unless the POA has an alternate POA, then the current POA could decline to act with regard to the particular transaction, i.e., negotiation and execution of room and board agreement, and the alternate POA could sign the agreement.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of George Edensword-Breck
Sent: Thursday, April 07, 2016 8:57 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] POA question

You don’t indicate what other relatives are in the picture, but whether there are any or not, this seems like a good TEDRA action situation..

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
Sent: Wednesday, April 06, 2016 2:32 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] POA question

Hello-

Looking for practical, as well as legal, input on a situation.

Acquaintance is POA for her incompetent stepfather. Acquaintance is moving into a larger home, which has extra room, and would like to move her stepfather in so he can be in closer contact with the family. She plans to charge him rent, but is nervous about doing so, because she would be writing the rent checks to herself.

It seems to me that this must come up routinely- although it hasn’t with any of my clients. Can a family member who is the agent ethically charge rent to the person for whom she is the fiduciary? If so, what precautions are best taken?

I’d appreciate any thoughts!

Sarah Jael Dion

Dion Law PLLC
206-550-4005
sarah at dionlaw.com<mailto:sarah at dionlaw.com>
dionlaw.com<http://dionlaw.com>

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