[WSBAPT] Different scenarios for POA

[Tom Ashton]

Another important consideration is the extent to which overcomplicating a power of attorney may create uncertainty, and therefore resistance, on the part of a party to which the document may be submitted.
 
s/Thomas E. Ashton
Attorney at Law
WSBA # 11587
203 W. Holly St. Suite 301
Bellingham, Washington
98225
Telephone: 360-714-8208 
Fax: 360-714-8217 
E-mail: tashton at tomashtonlaw.com
 
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John Creahan
Sent: Thursday, October 27, 2016 3:57 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Different scenarios for POA
 
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) 
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Thomas E. Ashton
Attorney at Law
WSBA #11587
203 W. Holly St., Suite 301
Bellingham, Washington
98225
(360) 714-8208
(360) 714-8217 (fax)]
tashton at tomashtonlaw.com
 
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