[WSBAPT] Different scenarios for POA

Thu Oct 27 16:42:43 PDT 2016

What about making the two relatives co-AIFs?

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

I’VE MOVED! My office is located in the Madrona Refuge Building, 1126 – 34th Ave., #208, Seattle, WA  98122.  The street door looks like it’s locked, but it’s open during listed business hours.

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
P  Please consider the trees before printing this document

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Setareh Mahmoodi
Sent: Thursday, October 27, 2016 4:34 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Different scenarios for POA

HI John,
I am also a great believer in keeping things simple and this is why I am uneasy with drafting something so confusing. I have explained and discouraged, however, the husband really wants to include such language, so I am reaching out to see if there are other attorneys that have dealt with this or just reassurance that this is a bad idea.

Part of their thinking is each spouse wants the other as first choice but then 2 alternates from their own respective families, however, there are circumstances in which they would agree to have for example the wife's father to act etc. So they want the POA to recreate scenarios that would allow them to do that. However, in my opinion it is confusing and can create issues later because essentially they are creating multiple POAs in a document and in each scenario the attorney in fact would be different.
For example, if both are incapacitated, they may agree to have the wife's father as an alternate for both of them. However, if say wife dies, then the husband would want his own father as attorney in fact and so forth... Basically it matters to them because they might be willing to have the same alternates in some scenarios, but want their own family members as alternate in other scenarios if the other spouse is out of the picture. So yes essentially they would want the wife's father to resign if the wife died while he was acting as attorney in fact for both and then allow the husband's father to be the attorney in fact for the husband.

Thanks for your input!
Setareh

On Thu, Oct 27, 2016 at 3:56 PM, John Creahan <john at cairn-law.com<mailto:john at cairn-law.com>> wrote:
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<tel: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> [mailto: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<mailto: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<tel: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<tel:425-806-1500>

Cell: 206-683-1006<tel:206-683-1006>

Fax: 425-489-4142<tel: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<tel:%28425%29%20806-1500>.

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.

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt

--

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/af9a7a41/attachment.html>