[WSBAPT] New DPOA Law and Using DPOA in Favor of AIF

Wed Jan 4 15:16:27 PST 2017

Jacob,

In a recent CLE, it was suggested that if the POA (pre 2017) was silent on
gifting, it was good, and allowed transfers and gifting for the purposes of
Medicaid.

However, post 2017 including language as below would be helpful to allow
the AIF to make gifts or transfers to qualify the Principal for Medicaid.
Obviously you will need to tweak it as necessary for each individual. This
is mostly meant for spouses as AIF.

I hope this answers your question.

Setareh

"

My agent shall have the power to make transfers of my property whether
outright or in trust, including unlimited gifts to the attorney-in-fact,
for the purpose of qualifying or maintaining eligibility for government
benefits, including Medicaid, or to avoid estate recovery related to such
benefits.  Any transfers made pursuant to this paragraph shall be deemed
not to be a breach of fiduciary duty by the attorney-in-fact.
"

On Wed, Jan 4, 2017 at 8:24 AM, Jacob Menashe <jacob at hickmanmenashe.com>
wrote:

> Thanks Heather. I think, though, that limitation applies to all gifting,
> not just to the powerholder, right? But what about if a durable power of
> attorney explicitly authorizes Medicaid gifting (which could exceed annual
> exclusion gifting). Prior to January 1, I think the answer (given 11.94.070
> and RCW 11.95.100) was probably no, but now?
>
>
>
> Best,
>
>
>
> Jacob
>
>
>
>
>
>
>
> Jacob H. Menashe
>
> Hickman Menashe, PS
>
> 4211 Alderwood Mall Blvd., Suite 202
>
> Lynnwood, WA 98036
>
> (425) 744-5658 phone
>
> (425) 744-6078 fax
>
> Satellite Office in Bellevue
>
> www.hickmanmenashe.com
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Heather deVrieze
> *Sent:* Tuesday, January 03, 2017 9:18 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] New DPOA Law and Using DPOA in Favor of AIF
>
>
>
> Jacob, there is the provision in the new act limiting gifts in excess of
> tax exclusion amounts (11.125.390), but also the provisions of 11.125.140
> regarding duties to act in good faith, loyally, and to keep estate plan
> intact. So that I think is better than what was there before.
>
>
>
> That said, I think it will take a while for this to shake out and see what
> sort of new problems we find.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500 <(206)%20938-5500>
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
>
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *Jacob
> Menashe
> *Sent:* Friday, December 30, 2016 2:38 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] New DPOA Law and Using DPOA in Favor of AIF
>
>
>
> The old DPOA statute – old, as of Sunday J - had a limitation on
> exercising a power in favor of the holder of the DPOA. This was at
> 11.94.070, and referenced RCW 11.95.100. I am not finding corresponding
> language in the new statute. Am I am missing something? Does 11.95.100 – or
> some other authority – still limit when/how an AIF can use a DPOA in his or
> her favor?
>
>
>
> I’m not sure who is still working at this point on Friday before our
> holiday weekend but Happy New Year to all!
>
>
>
> Best,
>
>
>
> Jacob
>
>
>
> Jacob H. Menashe
>
> Hickman Menashe, PS
>
> 4211 Alderwood Mall Blvd., Suite 202
>
> Lynnwood, WA 98036
>
> (425) 744-5658 phone
>
> (425) 744-6078 fax
>
> Satellite Office in Bellevue
>
> www.hickmanmenashe.com
>
>
>
> *CONFIDENTIALITY:* The contents of this message and any attachment(s) may
> contain confidential or privileged information. Any disclosure, copying,
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> 744-5658.
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could be in court or meetings. Thanks!

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

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