[WSBAPT] Query x 3

Wed Feb 9 10:12:30 PST 2022

Hi Diane I rarely do "springing" powers of attorney any more especially
after I point out to client that:  1) agent may be dealing with a crisis
situation where time is of the essence  and a trigger like having doctor
write letter in support can be problematic as they often are hesitant to
write letters, especially with HIPAA and the fact they may not be in a
position to make that call of financial incapacity which can really slow
things down (I have seen language saying an individual or panel can make
that call, instead of doctor, but that presents its own problems) 2) if they
have any doubts about their proposed agents, they shouldn't be naming them
at all (and instead rely on court oversight with a guardianship) as
"springing powers" effectively means the principal would not be in a
position to monitor the agents actions themselves and take appropriate
action if they didn't like what they saw and 3) clients would not giving up
right to act for themselves/veto agent's actions.  But it's obviously the
client's call. Thanks, Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone:
360-472-1223 

Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St #214,
Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Kailei Feeney
Sent: Tuesday, February 8, 2022 3:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Query x 3

Hi Diane,

To your second point, in my experience, more and more medical professionals
are less willing to make what they deem to be a legal determination of
capacity. At the start of the pandemic and increased practical difficulty in
helping clients communicate with medical professionals (and get a signed
piece of paper back out from that medical professional) to activate a
standby power of attorney has led me to have the conversation with much
younger and healthier clients about making the POA effective immediately. 

Kailei

Kailei B. Feeney
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Diane J. Kiepe
Sent: Tuesday, February 8, 2022 3:02 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Query x 3

Boy the longer I practice, the more things hit me differently.  I am curious
today if you would share with me your practice approach (if any) on the
following points:

1.	Drafting Wills and considering the possibility of heirs found via
all these new heir find services.
2.	Your general approach for finding heirs in an intestacy estate - I
generally just go based on the petition information as sworn to by my client
- maybe that practice is outdated.
3.	In powers of attorney that are effective upon incapacity, what is
your "go-to" language for determining incapacity and if you can share a
story or two of seeing it in action effectively or maybe roadblocked (I have
had one institution (before the most recent act) say they had to be
specifically named to recognize a Power of Attorney).

Thanks all.

Diane J. Kiepe

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com <mailto:djkiepe at depdslaw.com> 

509-455-5300

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