[WSBAPT] Irrevocable Power of Attorney

[Jane Bitz]

I have done it on two occasions to settle and dismiss guardianship petitions. The Court had no problem with signing the Order to create the irrevocable power.

In your irrevocable power, include the provision that it can be changed by Court Order and provide for alternate agents. Think about a “final” alternate that is a professional fiduciary.

In one of my cases, both sons who were named as agent and alternate had circumstances that caused them to resign as their father’s agents. We had to go back to Court to appoint a 3rd Alternate and by that time their father was incapable of signing a new document. The third son had to carry around the original DPOA and a certified copy of the Order appointing him as the agent. It was not as streamlined a solution as everyone first thought.

Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Vallley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

[image001 (4)][cid:image005.png at 01D5859E.65CF9E90][cid:image004.jpg at 01D5859E.582870F0]
THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without express written consent of Wolff, Hislop & Crockett, PLLC.  Thank You.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ronald Heiman
Sent: Friday, October 18, 2019 10:07 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Irrevocable Power of Attorney

Dear Listmates:
Has anyone had experience creating an irrevocable power of attorney.  We have an elderly client who hired us to fight a Guardianship petition.  Our compromise is that we are proposing an irrevocable power of attorney with a well respected professional POA agency.  The other side suggests that it might not be legal to have an irrevocable POA.   So far cant find anything that prohibits such an arrangement.   Any comments or experience in this area would be appreciated.  Thanks!
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20191018/3e9e4ff0/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4674 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20191018/3e9e4ff0/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 7534 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20191018/3e9e4ff0/image004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 26194 bytes
Desc: image005.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20191018/3e9e4ff0/image005.png>