[WSBAPT] POA effectiveness

[Lisa Schuchman]

Thanks, everyone, for your comments and ideas.

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com>

There are no passengers on spaceship earth. We are all crew. - Marshall McLuhan

On Dec 19, 2016, at 4:13 PM, Doug Schafer <schafer at pobox.com<mailto:schafer at pobox.com>> wrote:

Effective 1/1/2017, and applicable to pre-2017 POAs, the new POA act:

http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.090

(3) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing by:
(a) A physician or licensed psychologist, unrelated to the principal or agent by blood or marriage, who has personally examined the principal, that the principal is incapacitated within the meaning of RCW 11.125.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.020>(5)(a); or
(b) A judge or an appropriate governmental official that the principal is incapacitated within the meaning of RCW 11.125.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.125.020>(5)(b).


Doug Schafer, in Tacoma.


On 12/19/2016 3:47 PM, Heather deVrieze wrote:
I find that doctors do not like to opine on a patient’s incapacity, or make what they see as legal determinations.

Attached is the form I often present to doctors, or have clients present, a little easier language for the doctors somehow. Yes, it uses the same words, but somehow works a bit better. That said, I have had issues with Group Health in general when trying to put the POA into effect on the basis of a doctor’s certification.

Heather

From: wsbapt-bounces at lists.wsbarppt.com<mailto: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><mailto: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<http://www.lisaschuchman.com/>


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