[WSBAPT] Query x 3

Wed Feb 9 11:26:29 PST 2022

I agree with Mark and Cy.  I am facing the springing POA issue right now - having difficulty with getting doctor to sign the letter to "spring" the POA into action.

Best regards,

Kokie Adams
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mark Vohr
Sent: Wednesday, February 9, 2022 11:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Query x 3

I would echo what Cy is saying.  As a person who has to administer Agencies under a DPOA, a "springing" DPOA is much harder to work and it can be a real challenge getting the letters needed to trigger the spring.  Beyond that, springing powers also comes with, what I think, unintended, or unnecessary, consequences.  For example, for most persons, decline happens over a period of time.  In an effective agency relationship the Agent assists the Principal as needed, with the Principal continuing to manage their affairs consistent with their ability.   It is what I like to call "a fundamentally cooperative arrangement."

In a springing power the Agent needs to get a letter from the Dr. stating something along the lines of a Principal is no longer capable of managing their affairs.  I don't know about any of you, but I don't ever want my Dr. writing that kind of a letter about me.  In most cases, it is entirely inappropriate for the needs of the Principal who just might need a little help.

As Cy noted, the best protection is to pick your agent carefully.

Regards,

Mark

Ohana Fiduciary Corp.

A Washington Chartered Trust Company
Mark C. Vohr, J.D., CPG, Principal
155 NE 100th St., Suite 209 Seattle, WA  98125
T:  (206) 782-1189 F:  (206) 782-1434
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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 cyfield at rockisland.com<mailto:cyfield at rockisland.com>
Sent: Wednesday, February 9, 2022 10:13 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Query x 3

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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
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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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