[WSBAPT] Quick Question: Can Health Care Powers of Attorney be effective immediately?

[Karl Flaccus]

They can be effective immediately.  In fact, some clients want the health care power of attorney to be effective immediately and the financial power of attorney effective only upon incapacity.

Of course, the principal can always override the attorney-in-fact.

Karl

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John Yip
Sent: Wednesday, July 25, 2018 10:38 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Quick Question: Can Health Care Powers of Attorney be effective immediately?

RCW 11.125.090 seems to say "yes," but virtually all of the health care powers of attorney I have seen or drafted only take effect upon the person's incapacity.  Is there any law or major practical reason why health care powers of attorney cannot be effective immediately?
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