[WSBAPT] bill re vapo being considered now; whaddya think?

[Marcus Fry]

I would have a concern as to the new changes based upon the following set of hypothetical facts: A principal has been deemed incapacitated.  Despite this the principal directs his/her attorney in fact to withdraw $10,000 and send it to Nigeria to pay taxes for the lottery.  Normally an attorney in fact would refuse and assert that the principal has been deemed incapacitated by a physician, and therefore, not required to follow the instruction.  Under the current statute, there is no profit or benefit to the attorney in fact in not following that direction and withholding the funds.  However, the new language could make this abuse under financial exploitation.  Some may argue that such withholding is proper.  I am not sure enforcement will be so black and white on this.
Change the facts slightly. What if the VA directed the AIF to spend $1,000 for a tv, but that $1,000 was to go VA's medical participation?

Under current statute, APS was looking to see if there was a profit or benefit to the POA (or some 3rd party) in the action taken or not taken as to the money, which often was a black or white answer.  If this language is removed, the question is solely about whether it was "improper" and that will likely require a hearing to make that determination and considerable expense to the POA.


Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

NOTICES:
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Thursday, February 21, 2019 2:29 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] bill re vapo being considered now; whaddya think?


http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/House%20Bills/1422.pdf
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190221/8079bafe/attachment.html>