[WSBAPT] New Power of Attorney Act Questions

Tue Mar 21 16:42:29 PDT 2017

I have generally prepared separate documents for designating an agent for medical decisions, and one for everything else. I do not see anything in the new Act that makes this less helpful than before the act, neither do I see anything that makes this unworkable. I will continue to prepare two separate powers, one medical, one general, though I do include some general HIPAA language in my general power.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Tuesday, March 21, 2017 4:00 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] New Power of Attorney Act Questions

Listmates:

Re-opening a dialogue of about six weeks ago, I have a question about the new Power of Attorney Act when applied to the development of Durable POA's for Clients to sign.

Very often, I have clients who prefer to have different persons making financial decisions as opposed to health care decisions.  For that reason, I have, over the past number of years, had clients sign a separate Health Care DPA and a separate DPA for Financial Affairs.  The Health Care providers seemed to prefer that approach, and with all of the HIPPA stuff we were dealing with over the past number of years, there was enough stuff to put into a Health Care DPA.

In studying the new Act related to my development of  new DPA forms, I saw nothing in the statute that would make me think that I need to have two different such documents anymore.  However, I also saw nothing in the new Act that would prevent the appointment of an "Agent" solely for Health Care decisions, and an "Agent" solely for non-health care decisions in the same new DPA document.

Has anyone noted anything in the statute that would prevent such an approach, and does anyone see any pitfalls of doing so in an appropriate circumstance?

Yes, I know that is a compound question, but please be patient with an older fellow.

Thanks for any of your insights.

Doug Bratt

Douglas J. Bratt
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