[WSBAPT] complicated POA drafting

[Rachel Edmiston]

I’m fairly new at estate planning, so I haven’t seen this before and I want
to make sure I get it right.  Also, it’s kind of complicated and I’m
wondering if I should just try to talk the clients out of what they want to
do.

Clients, a married couple, want to name each other as their POA, but then,
as an alternate, want to name their daughter but they don’t want to give
her any authority over their real estate in the US.  They’re fine with her
having power over their banking, finances, health care, and foreign real
property, but just not their domestic real estate.  They want to name their
son as an alternate, but only in regard to their real estate in the US.  So,
basically, if the spouse is unable to be the attorney in fact, they want
the daughter to handle everything, including their real estate abroad,
except their four houses in the US and the son to only be able to handle
the US properties.  I think they’re worried about the daughter selling the
house the son lives in, but is owned by the clients.  Should I make out a
limited POA for the US properties naming the spouse as the attorney in fact
with the son as an alternate and then a separate POA for everything else?  Or
is there a better way?

If I need to write a separate POA naming the daughter as an alternate,
would it be okay to make out a general POA that says something like:

My attorney in fact, as fiduciary, shall have all powers of an absolute
owner over all of my assets and liabilities whether located within or
without the State of Washington except the real estate in the United States.

So, I don’t know if I need two separate POAs, if I can combine this into
one form, or if I should just tell the clients it’s unworkable.

Thanks in advance,

Rachel Edmiston


-- 
Rachel Edmiston,
PO Box 13738
Mill Creek, WA  98082
T: 425-945-6333
F: 425-272-4294


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