[WSBAPT] Multiple co-agents of financial and medical powers of attorney

[Heather deVrieze]

A couple thoughts.

10 co-agents is nuts, and highly impractical. If any two give conflicting instructions to a third party, a court proceeding would be likely the only way to resolve.

A medical power of attorney can generally not be effective (at least for decision making) while the principal has capacity to make medical decisions for themselves.

I designate co agents (2 or 3 max, with authority to act independently or if three, based on a majority) on powers of attorney, even medical powers of attorney, on a regular basis, but have clear discussion with clients that any conflict will put their personal situation in front of the Court to resolve. There is no legal reason that you can't have co-agents. A better option for the medical power of attorney is to have individual agents, named in succession, with a HIPAA release effective as to all named agents. This prevents any one important enough to be listed as an agent from being excluded from the conversation while clarifying the decision making in a hierarchical structure.

Heather



Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mimi Wagner
Sent: Thursday, August 16, 2018 1:42 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Multiple co-agents of financial and medical powers of attorney

All,

I have a client who wants to create a financial power of attorney and a health care power of attorney, both effective immediately, with 10 (!) co-agents designated, all of whom have the authority to act independently.  It seems this is legally permissible under RCW 11.125.020 ("agents" includes "co-agents") and RCW 11.125.110 (co-agents can act independently if the power of attorney says so) for both the medical and financial powers of attorney, but I am concerned that there may be practical problems with institutions respecting it (may want 9 others to sign something anyway, confusion and delay, concern about different medical instructions from different people, etc.).

Has anyone experienced practical problems with multiple co-agents designated, all of whom can act independently?  I am concerned that this is a really bad idea.

Also, do people agree that WA statute allows medical powers of attorney to designate co-agents who can act independently? I've never had anyone want to designate co-agents for a medical power of attorney - don't think it's a good idea - and it appears to be legally permissible, but I'd appreciate your thoughts on that too.

Thank you all for your time!

Mimi M. Wagner
Attorney at Law
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Phone (360) 378-6234
Fax (360) 378-6244
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