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

[Dewey Weddle]

Michael,

Unless I am missing something, each of them is permitted to designate whomever he or she wants as his or her agent.

In the typical scenario you describe, the spouses name each other as agent and then one of the adult children as first alternate.  Husband can name daughter to serve as his agent if wife cannot do so (because of her death or incapacity).  Wife can name son to serve as her agent if husband cannot do so (because of his death or incapacity).  They do not have to agree on each other's choice as to who would be the first alternate.

If husband loses contractual capacity, he can not execute a Power of Attorney.  If he loses capacity without having named an agent through a DPOA, and something happens that requires someone to act as his legal representative, then guardianship may become necessary, something that I would think both he and his wife would want to avoid.

Given husband's prognosis, it may be that time will solve your problem.

Best regards,

Dewey W. Weddle

Law Office of Dewey W. Weddle, PLLC
909 Seventh Street
Anacortes, WA  98221

Telephone: 360-293-3600
Fax        360-293-3700
----- Original Message -----
From: Michael Geoghegan<mailto:nwstrategyandplanning at outlook.com>
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Sent: Friday, April 21, 2017 4:39 PM
Subject: [WSBAPT] Husband and wife refuse to agree on POA Agent


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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