[WSBAPT] New Power of Attorney Act Questions

Wed Mar 22 15:34:46 PDT 2017

Marilyn:

Since I was the one who started this latest discussion, I will comment on your question.  I started doing separate DPA documents about 10 - 15 years ago, principally for two reasons:

First of all, a number of my clients had different people in mind to handle the financial, as opposed to health care.  Say that a bank trust dept has been appointed, in the Will, to serve as PR of the Estate (particularly if there are no trusted individuals, financially-wise, available to so serve, or if the sole beneficiary cannot take on this task), the bank certainly does not want to take on the health care decision-making, while the financially un-savvy relative (or sole beneficiary) is perfectly capable of serving in a health-care decision-making role.  That naturally leads to a two-DPA split, one for financial affairs and the other one for health care.

Secondly, it was 10 -15  years ago that health care issues became so much more complicated, what with HIPPA issues, and the like.  And, the health care providers seemed to like something with “Health Care” in its title, and it seemed to make the health care professionals’ more accepting of the role assigned to the Attorney-in-Fact (now referred to as an Agent, in the new act).

Those were the factors in my mind.

Regards,

Doug Bratt

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marilyn J Kliman Law
Sent: Wednesday, March 22, 2017 11:28 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] New Power of Attorney Act Questions

All –
I’d be interested to hear a bit of your respective reasoning behind separate docs…..  I more often am finding combined to be appropriate…

Marilyn J. Kliman, Attorney at Law
Marilyn J. Kliman Law, PLLC
510 Bell Street
Edmonds, WA 98020
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Wednesday, March 22, 2017 11:15 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] New Power of Attorney Act Questions

I am thinking that I fully agree that the reasons that encouraged many of us to do separate DPA’s before are still part of the picture and that separate docs continue to make the most sense.

Thanks so much to all who commented on this issue.

Best Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Wednesday, March 22, 2017 10:35 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] New Power of Attorney Act Questions

One thought :  It may be better to have separate documents to make it easier for the client to make a change in one without effecting the other “power”.

From: Setareh Mahmoodi<mailto:mahmoodi.setareh at gmail.com>
Sent: Tuesday, March 21, 2017 9:01 PM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] New Power of Attorney Act Questions

I always do separate HC POA and Financial DPOA as well. I don't see anything in the statute prohibiting that as well.
Setareh

On Tue, Mar 21, 2017 at 4:00 PM, Douglas Bratt <djbratt at mbavancouverlaw.com<mailto:djbratt at mbavancouverlaw.com>> wrote:
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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