[WSBAPT] family law/estate planning

Lisa E Schuchman lisa at lisaschuchman.com
Sat Apr 15 08:40:26 PDT 2017


Sharon, I also prepare those POAs.  However, if there is another parent I don't think they work.  Long ago, before we used POAs for this, I made up a simple grant of rights from a parent to someone else.  Krista, I can send it to you on Monday.

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

On Apr 15, 2017, at 8:14 AM, Sharon Rutberg <email at sharonrutberglaw.com<mailto:email at sharonrutberglaw.com>> wrote:

Hi, Krista –

We routinely prepare a durable power of attorney for care of minor children, in which a parent designates an agent to make health care decisions for a minor child if the parent is not available and also nominates a guardian and temporary custodian for the child. Let me know if you would like more information about that.

I can’t speak to your last question about permanent removal.

Best wishes,
Sharon

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com>
Washington State Bar #47055
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
Sent: Friday, April 14, 2017 12:42 PM
To: Solo and Small Practice Section; wsba probate & trust
Subject: [WSBAPT] family law/estate planning

Hi Folks,

Please excuse the cross-post.  I have a question somewhere between family law and estate planning.  A friend of mine has been mostly clean & sober for about 12 years since she became a single parent, but apparently recently got herself into trouble.  I believe she was stopped while out of state and driving intoxicated or something similar.   Her son (12 ish) was with her, and he was taken to child protective services.  I had done a Will for her in the past, naming who should serve as his guardian if she died, and she was able to call those friends who were able to get him released into their custody from child services by showing the will.

This incident scared her to death, and while she hopes to get her act together, she is wondering what kind of document would be more appropriate for the purpose of making sure those friends could always have legal authority to act as her son’s guardian in an emergency such as this.  Is there something just for this scenario?  Would a power of attorney tailored to granting them authority act for the care & safety of her son work?  Has anyone created something like this?

Also, what statutes or other law applies to how many times a parent can fail in this way before the child would be permanent removed from her care?  I don’t think she’s headed down that path, but it might be good for her to know.

thank you,

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com<mailto:kjm.inc at mac.com>

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