[WSBAPT] Durable Power of Attorney for unmarried couples

Lisa Schuchman lisa at lisaschuchman.com
Wed Sep 7 13:27:27 PDT 2016


Lovie,

I would handle it in the same way as I'd handle naming a friend as AIF.  I have worked with people who change their minds about their choices and they have to destroy or revoke a POA.  Another option would be to name co-AIFs, which puts some limits on the power of the ex.

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Wednesday, September 7, 2016 12:45 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Durable Power of Attorney for unmarried couples

Dear listmates,

I am drafting DPAs for financial and health matters for a client. He is unmarried, but lives with a life partner who he wishes to name as attorney-in-fact. What are your thoughts about how to handle a potential breakup of the relationship? If I put in a contingency that the alternate would be appointed if the relationship with the life partner was over, how would the life partner prove it wasn't over? I'm concerned the appointment of the life partner would not be honored if the relationship was intact but it could not be proven to the satisfaction of a bank. How have you handled this scenario?

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
216 First AVE S, #450
Seattle, WA  98104
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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