[WSBAPT] Professional Guardian and POA

[Paul Neumiller]

Good advice. Thanks Margaret.

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Margaret Delp
Sent: Monday, February 29, 2016 2:12 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Professional Guardian and POA

 

Hi Paul: I think the best would be to tell the PG that the gentleman who
needs the POA would be your client, and ask for the PG to have the gentleman
contact you directly to set up an appointment.  Then meet with him privately
(without PG), just as you would any other client.  You can make a
determination at that time as to his capacity to sign a DPOA.  You could
even obtain additional documentation from his physician.  If you really
question his capacity, I think it would be very concerning to appoint a CP
under the DPOA.  It might feel less risky if it was a beloved and trusted
family member.  If he has the capacity, you could advise him about fiduciary
agencies that have internal checks and balances, or discuss appointing a
trusted family member instead of or in addition to CP.

Those are my thoughts,

Margaret

 

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, February 29, 2016 11:41 AM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] Professional Guardian and POA

 

New situation for me and I have a fear of the unknown.  I have worked with a
professional guardian ("PG") in the past (selling houses for the
incapacitated person, etc.).  Apparently, someone has referred a new
gentleman to the PG because the gentleman's physician has opined that the
gentleman "needs help" with some of his decision making.  The gentleman and
the PG have met and the PG has asked me to prepare a DPOA so the PG can make
financial decisions for the gentleman.  I am told that the gentleman is
still competent at this time.  There is no guardianship set up for the man.
Who do I represent?  Also, I am wary that a court is not involved to oversee
and bless the DPOA.  Is this a mess or am I overthinking this?  

 

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