[WSBAPT] POA effectiveness

[Mark Vohr]

Lisa -

                This is an example of why springing powers of attorney can be problematic.  I understand why a person would want it springing, but I guess if they have concerns about the AIF acting prior to the principal needing the assistance the real issue should be whether the appointed agent is an appropriate choice.

                If you can't get the certificate signed and you are otherwise stuck, an option may be to use what you had as evidence and petition the court under RCW  11.94.010(1)(a) to rule the power of attorney is in effect.  Not a great option because of cost and time - but an option.  Also, if the language of the DPOA permits, you may be able to source other options for who can sign off on the certificate.



Mark



Ohana Fiduciary Corp.
Ohana Financial Services

Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>




From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Monday, December 19, 2016 3:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] POA effectiveness

Hello, listmates,

A client has a financial POA effective on disability.  Her AIF (brother) has reason to believe that he needs to take over her finances.  Her doctor at Group Health recently completed a battery of tests that resulted in a finding of "average to severe cognitive impairment."  The doctor used this to have her driver's license suspended.  Now the doctor says he can't sign the certification that's attached to her POA:
"I hereby certify that Client is disabled or incompetent within the meaning of Section 2 of the Durable Power of Attorney to which this Certification is attached."  Section 2 says: "inability to manage property and personal affairs..."

Apparently the doctor has to send it to another department at Group Health, but they say they need her consent to do this.  Really.

Has anyone faced this problem and found a solution?  Thanks.

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.lisaschuchman.com_&d=DQMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=b_9oWlv0OEdHBEcPuhoSOJKdTujQAfVyi7cg_pS9res&s=aEW3sz53R2cnn1REoGiI0N6TCuHGaafVaVVUl-VQwGY&e=>

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