[WSBAPT] Agent waiving Principal's attorney client privilege

[Jeff at bellanddavispllc.com]

Listmates:

 

Sometime ago, H & W deeded their home to W for Medicaid planning purposes.
H's competency is now being challenged, to sign the deed, and he is now
clearly incapacitated.  The attorney who drafted the deed asked whether W,
who is H's agent under a DPOA, can waive H's attorney client privilege.
The asset power gives no express authority  for waiving privileges.  The
healthcare power does give the agent the authority a guardian, of the
person, would have, which includes the authority to provide informed
consent.  Have any of you run into this before?  Can a spouse waive the
other spouse's privilege in a matter that they are not adverse to each
other?

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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