[WSBAPT] Durable Power - decline to serve

[Rich McEntee]

Follow up question: with more information, it appears that the power of attorney contains both financial powers and health care powers. Mother is willing to make health care decisions for husband but does not feel comfortable making financial/business decisions on behalf of husband. She would like named alternate son to handle the financial decisions. Can the attorney in fact decline some powers in favor of the alternate but not others? 

Thanks again
Rich

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com     

> On Sep 5, 2019, at 4:07 PM, Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:
> 
> Generally speaking, most third parties will require a showing that the first named person is unable or unwilling too serve – under the new Power of Attorney Act that would be in the Agent’s certificate.  With older power of attorney documents I would suggest that you in fact have mom sign a “Declination to Serve” and the alternate sign an “Acceptance to Serve” (this second document may be overkill but spoon feeding the financial institutions goes a long way).  The steps can even be on the same document – a short one pager.  I would suggest that they be notarized as well……again, maybe over kill but I have had success in this manner.
>  
> Best of luck,
>  
>  
> Diane J. Kiepe
>  
> Diane J. Kiepe
> Douglas Eden
> 717 W. Sprague Ave.
> Suite 1500
> Spokane, WA  99201
> djkiepe at depdslaw.com
> 509-455-5300
>  
>  
>  
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rich McEntee
> Sent: Thursday, September 5, 2019 3:43 PM
> To: wsbapt at lists.wsbarppt.com
> Subject: [WSBAPT] Durable Power - decline to serve
>  
> Hello listmates 
>  
> I have a client who came to me with a question regarding his father’s durable power of attorney. His father is ill and needs someone to act as his attorney in fact. Mother is named to act, but is unwilling to assume the role. Is there a formal way/best practice to document that she is declining to serve such that there is no issue or less issue for the alternate to act as attorney in fact?
>  
> Thanks
> Rich
> 
> RICH McENTEE
> McENTEE LAW OFFICE
> 3800 Bridgeport Way W, Ste A411
> University Place, WA 98466
> 253.227.9894(m)
> jrmcentee at gmail.com     
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