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

[Jane Bitz]

Melinda: 
Thank you for sharing your gifting clause. 

I am working on a similar section for my DPOA. Another attorney in my firm and I are collaborating on a document right now. We are considering a "standard gifting clause" and a separate "Medicaid gifting clause" to set up the distinction between "normal" gifting that may follow a pre-established pattern of gifting by the principal and the "extraordinary" situation of Medicaid qualification.

Where appropriate, I would emphasize that "unlimited" gifting can be done to or for the benefit of the spouse of the principal because those are always exempt transfers for Medicaid qualifying, i.e.: they will not create a period of ineligibility for benefits because they are not subject to the 5 year look back for other gifts. The problem is with blended families this kind of gifting can create conflicts with the principal's estate planning for their family vs. the new spouse.

Jane.

Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com



-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Thursday, January 5, 2017 7:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] New DPOA Law and Using DPOA in Favor of AIF

I feel that the following may cover the situation of which you speak, Jan, although it is still in draft form and I'm not at all certain it is adequate.  I wish it were less wordy, and would be quite pleased to hear of a simpler way to handle the issue.  

Melinda