[WSBAPT] Follow-up on "Quick Question: Can Health Care Powers of Attorney be effective immediately?"

[John Yip]

(I don't know how to do a reply all on the listserv, so I am posting this
separately).

Thanks for your responses so far.

Nonetheless, I'm a bit concerned about the following excerpt from
Washington Practice, *"**So long as the principal is able to make health
care decisions, the attorney-in-fact has no authority to make such
decisions."*  § 2:39.Durable powers of attorney for financial and health
care decision making (immediate)—Checklist, 26 Wash. Prac., Elder Law and
Practice § 2:39 (2d ed.).  (I understand that Washington Practice is not
law, but it is persuasive authority, and I am wondering if there is any
actual legal authority for the statement I quoted.  I could not find any.)

The hypothetical situation is one where someone is caring for her elderly
father, who is not in best shape but is still lucid enough to not be deemed
"incapacitated," and needs to discuss treatment options with his health
care providers.  I can draft an "immediately-effective" health care POA,
but I am wondering if such a POA is enforceable if presented to a physician.
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