[WSBAPT] Husband and wife refuse to agree on POA Agent

[Michael Geoghegan]

Hi All,


I am representing an elderly couple in what should be a simple matter -- executing power of attorney for assets.  They need immediate help paying bills.  Husband is diagnosed with a terminal illness with only a few months (weeks?) to live. It's unclear how much longer the husband will retain capacity to make decisions.


The issue is that husband only wants their daughter to serve as Agent; wife only wants their son to serve as Agent. To date, there has been no willingness to compromise on either side.


My question:


What happens if husband loses capacity without executing a POA and wife unilaterally designates a POA Agent to act on her behalf?  (My instinct says it would be a mess but I'd like to be able to counsel them on the implications of various scenarios.)


Thanks,

Michael



Michael Geoghegan
Northwest Strategy and Planning, PLLC
t: 206.353.5592
e: michael at nwstrategyandplanning.com

w: nwstrategyandplanning.com<http://nwstrategyandplanning.com> | LinkedIN<https://www.linkedin.com/in/michael-geoghegan-5893407>

Scheduling: https://northwest-strategy-and-planning-pllc.appointlet.com


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