[WSBAPT] Self-Settled Special Needs Trust - SPR 98.16 issue with a POA?

[David Faber]

Client is the parent of a disabled person who was recently in an auto
accident. Their PI attorneys recently secured a settlement without filing a
lawsuit. No guardianship has ever been instituted for the disabled person
and she signed a Power of Attorney to my Client back in 2012 giving him
authority to prosecute and defend lawsuits, manage assets, and deal in
trust. I'm fairly certain we don't have a SPR 98.16 issue, but I'm
second-guessing myself today and am wondering if folks who have more
experience dealing in self-settled SNT's, and specifically those which are
funded through guardians and attorneys-in-fact, can give me some guidance.
Does anyone have any thoughts on this or would anyone be willing to chat
with me in greater depth?

Thank you.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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