[WSBAPT] New Power of Attorney Act Questions

Tue Mar 21 17:01:28 PDT 2017

We have done the same. We have included language stating that the powers
granted to the Agent in the Durable Power of Attorney for Finances do not
include health care powers (or, if applicable, powers for health care of
minor children), and that the principal has executed a separate DPOA for
those matters. 

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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, March 21, 2017 4:42 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] New Power of Attorney Act Questions

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
Attorney-at-Law

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Seattle, WA 98116-3705                          

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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

Lawyer

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