[WSBAPT] Amendment to Durable Powers of Attorney

[Dewey Weddle]

Jeff,

I would draft a new Power of Attorney.  I would have the most trustworthy child named as the agent, the next most trustworthy as the first alternate, and the third child as the second alternate.  If all three of them are co-agents, that is a huge problem, because they mistrust each other and do not get along.

With respect to compensation, the mother can put such a provision in her POA, but that may put a damper on any of her children 's desire to act as her agent. An agent could end up assuming all of the responsibilities of a guardian, including managing health care and finances.  That can be a significant undertaking.  Mom should realize that when anyone has to devote considerable time and energy to helping her, that person will soon grow weary of doing it for free.


Best regards,


Dewey ​​


Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221


Telephone: 360-293-3600

Fax 360-293-3700


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jeff Davis <jeff at bellanddavispllc.com>
Sent: Wednesday, October 2, 2019 9:52 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Amendment to Durable Powers of Attorney


Listmates:



Client has three children she has named as independent Agents in her financial and healthcare powers of attorney.  Unfortunately, the children do not get along with each other, and in fact distrust each other.  I have been asked to amend the powers of attorney to add a clause forbidding any Agent from paying themselves for services performed for their mother.  First, have any of you just amended a power of attorney so you have two documents forming the power, or do you just do a completely new power of attorney?  Second, not that I disagree with not paying Agents who will inherit after their mother’s death, have any of you ever barred an Agent from being compensated?



Jeff Davis



W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
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