[WSBAPT] Different scenarios for POA

[John Creahan]

Hi Setareh,
I am a great believer in keeping things as simple as possible – or, put another way, make something only as complex as it needs to be and no more. So I would be inclined to discourage this arrangement.
What is their thinking? Why does it matter to them if the other spouse is alive or incapacitated?
From a practical standpoint, if they are both incapacitated (so X is serving) and Wife dies, does X have to resign in favor of Y?
Thanks,
John

John Creahan
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Setareh Mahmoodi
Sent: Thursday, October 27, 2016 3:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Different scenarios for POA

Hello,
I have an interesting request by a client and just wanted to get some other intelligent opinions and/or if anyone else has ever handled a similar situation.
Client and wife are on the younger side. They want to have different alternates for their medical and general POA (from their own family rather than in-laws), which is fine, however, they propose that language be written in to create different scenarios in each POA to allow for different alternates under each scenario, this is what they have proposed:
1.  Both alive but incapacitated - POA to person X, then Y, then Z
2.  Husband dead, wife incapacitated - POA to person X, then A, then B
3.  Wife dead, husband incapacitated - POA to person Y, then C, then D
4. One alive, the other incapacitated- The other spouse

Anyone dealt with something like this before?
Thanks,
Setareh

--

Please always call 206-683-1006 or email before dropping by the office as I could be in court or meetings. Thanks!

Best regards,



Setareh Mahmoodi

Attorney at Law

18222 104th Ave NE, Suite 103

Bothell, WA 98011

Phone: 425-806-1500

Cell: 206-683-1006

Fax: 425-489-4142 (Please email documents if at all possible)

Website: http://www.lawofficesofsm.com/



CONFIDENTIALITY NOTICE: This email message and any attachments is a transmission from the law firm and is intended for the recipient only.  It may contain information that is confidential and legally protected by the attorney-client, work product and/or other privileges.  If you are not the designated or intended recipient, please destroy the message without disclosing any of its contents and notify us immediately by reply email or by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20161027/b98da0ea/attachment.html>