[WSBAPT] complicated POA drafting

[Ralph Maimon]

I think, definitely two DPOA’s as you have described them, in brief and it would be a good idea to identify the properties in the DPOAs.


Ralph Maimon
Law Office of Ralph Maimon, P.S.
2811 E. Madison Street, Suite 202
Seattle, WA 98112
(206) 323-0911
Fax: (206)462-1505
www.maimonlaw.com<http://www.maimonlaw.com/>


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rachel Edmiston
Sent: Thursday, May 10, 2018 4:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] complicated POA drafting

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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