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

[Marvin Benson]

you have to follow the statute for a health care POA

On Wed, Jul 25, 2018 at 11:44 AM, John Yip <johntyip at gmail.com> wrote:

> (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.
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180725/725fe581/attachment.html>