[WSBAPT] Different scenarios for POA

Thu Oct 27 16:42:20 PDT 2016

Tom,

Agreed, and I have explained that to them as well. For example, if they are
both in critical condition at the hospital and one dies and it is unclear
to the hospital who takes over for the other spouse, that can be
problematic. Same as with banks and other financial institutions.

Thanks, good to know others find this complicated and advise against it as
well.

Setareh

On Thu, Oct 27, 2016 at 4:23 PM, Tom Ashton <Tashton at tomashtonlaw.com>
wrote:

> 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
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <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 <425-806-1500>*
>
> *Cell: 206-683-1006 <206-683-1006>*
>
> *Fax: 425-489-4142 <425-489-4142> (Please email documents if at all
> possible) *
>
> *Website: **http://www.lawofficesofsm.com/
> <http://www.lawofficesofsm.com/>*
>
>
>
> *CONFIDENTIALITY NOTICE:* This email message and any attachments is a
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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 <tashton at tomashtonlaw.com>*
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-- 

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/ <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.
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