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

[Setareh Mahmoodi]

Michael,

Are neither of them willing to appoint each other as first choice?

In most cases, spouses are each other's first choice to act under a DPOA.
If husband is terminal and has weeks to live, then wife should be appointed
as AIF and husband can choose whomever he'd like as second
choice/alternate. The alternates for husband and wife do not need to match,
however, it makes things easier if they are the same person in case both
husband and wife become incapacitated at the same time.

However, the DPOA will be terminated at the husband's death. So perhaps
figuring out if there's anything they need to do now to avoid probate for
the husband would be the more pressing issue.

Hope that helps,

Setareh


On Mon, Apr 24, 2017 at 10:43 AM, Dewey Weddle <DWWeddle at msn.com> wrote:

> 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 <(360)%20293-3600>
> Fax        360-293-3700 <(360)%20293-3700>
>
> ----- Original Message -----
> *From:* Michael Geoghegan <nwstrategyandplanning at outlook.com>
> *To:* 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 <(206)%20353-5592>
> e: michael at nwstrategyandplanning.com
>
> w: nwstrategyandplanning.com | LinkedIN
> <https://www.linkedin.com/in/michael-geoghegan-5893407>
>
> Scheduling: https://northwest-strategy-and-planning-pllc.appointlet.com
>
>
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-- 

*Best regards, *


*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*


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