[WSBAPT] Durable POA question

Roger Hawkes Roger at law-hawks.com
Thu Sep 9 13:13:13 PDT 2021


Idk about the story; but we always do separate documents; authorities are more clear and forces people better to think about roles.

Roger Hawkes, WSBA # 5173
Hawkes Law Firm and Sultan Lawyers
19944 Ballinger Way NE, Shoreline, WA 98155 and
423 Main, Sultan, WA 98294
206 367 5000
360 799 6438

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Thursday, September 9, 2021 12:59 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Durable POA question

They CAN be in one document - however, I heard an awful story (maybe an urban legend) a while back, which has led me to always split them out into two separate docs, to protect clients from their financial authority document from having to be placed on file with hospitals, clinics, etc.  The story involved a wealthy individual with a combined DPOA which was given to the clinics, hospitals, etc. where he received treatment, and scanned into his electronic medical record. Some unscrupulous medical office or hospital staffer with access to the combined DPOA doc then committed identity theft, went to the bank where he was known to do his banking (probably based on payment history on file at clinic), and stole lots of money.

Also, clients often want different people in charge of the different roles, so it's useful in that respect as well to split them out.

Sarah


Sarah O’Farrell McCarthy

(Pronouns: she / her)
Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com<mailto:sarah at kawlawyers.com> | www.kawlawyers.com<http://www.kawlawyers.com>



This electronic message transmission contains information from the law firm of Kelly, Arndt & Walker, PLLP which may be confidential or privileged.  This information is intended to be for the use of the individual or entity named above,  If you are not the intended recipient, be aware that any further review, disclosure, printing, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this electronic message transmission in error, please notify us immediately by reply e-mail and delete the original message.  Thank you.



We do not accept service of any kind by e-mail unless expressly authorized in writing by the attorney of record.  This e-mail is NOT a contract and is not binding upon the author pursuant to CR 2A. This e-mail is, at most, a negotiation under ER 408.


On Thu, Sep 9, 2021 at 12:54 PM Ann Manley <annmanleyrppt at gmail.com<mailto:annmanleyrppt at gmail.com>> wrote:
Can the durable POA for finances and for health care decisions be in the same document, or must they be separate documents?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210909/89626914/attachment.html>


More information about the WSBAPT mailing list