[WSBAPT] New Power of Attorney Act Questions

Wed Mar 22 17:00:10 PDT 2017

I would add some additional considerations to this thread.

·         When dealing with real property, a financial DPOA needs to be
recorded.  The Health Care power does not need to be recorded.  Why pay the
extra money to record a longer document?

·         Health Powers should be kept current (even though they don’t
expire), so I find that clients want to renew HC powers more often than
financial powers.  If the financial power has been recorded, they will
elect to leave the older financial power in place rather than having to
record a new power over the old one.

Sincerely,

*Chris J. Moore*
Christopher J. Moore, JD, CPA (Inactive), AEP®, EPLS*
Creason, Moore, Dokken & Geidl, PLLC
Lawyers
1219 Idaho Street, POB 835
Lewiston, Idaho 83501-0835
Phone: 208-743-1516; Fax: 208-746-2231
Website: www.cmd-law.com

*Certified as an Estate Planning Law Specialist by the Estate Law
Specialist Board, Inc., the only estate planning certification entity
approved by both the American Bar Association and the Idaho State Bar
Association.
_______________________________________________
*-- Note -- *The information contained in this e-mail transmission is
confidential and may also be a legally privileged communication. This
information is intended for the exclusive and private use of the
addressee(s). If you are not the intended recipient, you are hereby
notified that any use, disclosure, dissemination, distribution (other than
to the addressee(s)), copying or taking any action because of this
information is strictly prohibited. If you have received this e-mail in
error, please notify the sender immediately. Thank you.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Heather deVrieze
*Sent:* Wednesday, March 22, 2017 4:44 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] New Power of Attorney Act Questions

I’ll second what Doug said, but add that I also find that sheer length of
documents, the health care one can be more complete, stand alone,
separately modified, without bogging down the financial/general one.

Some of my clients like to divide tasks among kids, and might put child #1
first with child #2 second ( or 2nd and 3rd after spouse) on the financial
DPOA flip that on the medical DPOA.

I’ve been doing them generally separate for most of my practice (since
1998).

Heather

Heather S. de Vrieze
*Attorney-at-Law*

*[image: cid:image001.jpg at 01D013C2.30F35160]*

3909 California Avenue SW

Seattle, WA 98116-3705

(206)938-5500

heatherd at westseattlelaw.com

www.westseattlelaw.com

*Click here to connect with de Vrieze | Carney on Facebook: *  *[image: FB
Logo]* <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
privileged and/or confidential information.  If you have received this
e-mail in error, please notify the sender immediately and delete all copies
of this e-mail message and any attachment.

*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>]
*On Behalf Of *Douglas Bratt
*Sent:* Wednesday, March 22, 2017 3:35 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] New Power of Attorney Act Questions

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 <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

206.499.0993

Marilyn at MarilynJKlimanLaw.com

www.MarilynJKlimanLaw.com <http://www.marilynjklimanlaw.com/>

NOTICE: *Information contained in this email may be confidential and/or
legally protected from disclosure. Our understanding is that intended
recipients consent to use of e-mail unless we are notified otherwise in
writing. If you are not the intended recipient, nor an employee or agent
responsible for delivering this message to the intended recipient, any
unauthorized dissemination, distribution or copying of this communication
is strictly prohibited. If you have received this in error, please notify
us immediately by replying to the message and deleting it from your
computer.*

*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <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

[image: Envelope scaled Terry]

Office: (360) 213-2040

 Fax: (360) 213-2030

CONFIDENTIALITY NOTICE:  This email message may contain confidential or
privileged information.  If you have received this message by mistake,
please do not review, disclose, copy, or distribute the email. Instead,
please notify us immediately by replying to this message or telephoning
us.  Thank you.

NOTE:  I do not use encrypted email.  Messages sent to or from my office
via email are not secure and may not be protected by attorney-client
privilege.  This email address is not monitored at all times.  If your
matter is urgent, please phone my office during regular business hours.

TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if this
communication or any attachment contains any tax advice, the advice is not
intended to be used, and cannot be used, for the purpose of avoiding
federal tax penalties.

*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <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 <mahmoodi.setareh at gmail.com>

*Sent:* Tuesday, March 21, 2017 9:01 PM

*To:* WSBA Probate & Trust Listserv <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>
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

[image: Envelope scaled Terry]

Office: (360) 213-2040

Fax: (360) 213-2030

CONFIDENTIALITY NOTICE:  This email message may contain confidential or
privileged information.  If you have received this message by mistake,
please do not review, disclose, copy, or distribute the email. Instead,
please notify us immediately by replying to this message or telephoning
us.  Thank you.

NOTE:  I do not use encrypted email.  Messages sent to or from my office
via email are not secure and may not be protected by attorney-client
privilege.  This email address is not monitored at all times.  If your
matter is urgent, please phone my office during regular business hours.

TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if this
communication or any attachment contains any tax advice, the advice is not
intended to be used, and cannot be used, for the purpose of avoiding
federal tax penalties.

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt

-- 

Please always call 206-683-1006 or email before dropping by the office as I
could be in court or meetings. Thanks!

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

*Cell: 206-683-1006*

*Fax: 425-489-4142 (Please email documents if at all possible) *

*Website: **http://www.lawofficesofsm.com/* <http://www.lawofficesofsm.com/>

*CONFIDENTIALITY NOTICE:* This email message and any attachments is a
transmission from the law firm and is intended for the recipient only.  It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges.  If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party
any tax-related matters addressed herein.
------------------------------

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt

[image:
https://ipmcdn.avast.com/images/icons/icon-envelope-tick-round-orange-animated-no-repeat-v1.gif]
<https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=icon>

Virus-free. www.avast.com
<https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=link>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170322/ff126a2b/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 6775 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170322/ff126a2b/image006.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4730 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170322/ff126a2b/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 3264 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170322/ff126a2b/image002.png>