[WSBAPT] DPOAs for Multiple States

[Katie Smith Patel]

The Uniform Power of Attorney Act has a "validity" section indicating a power of attorney executed outside the state is valid if it complied with whatever jurisdiction is indicated in the power of attorney or the jurisdiction in which it was signed, if silent on jurisdiction.  It appears both WA and TX have enacted it, and while I haven't checked, it is likely other states enable cross-jurisdictional portability in a similar way.  I would not spend time worrying about this for Texas.  That said, I like Jeff's suggested language and that may put a doctor or other party at ease when relying on the document.

Katie Patel
Paraclete Estate Planning, LLC
(541) 499-9085 (direct)
112 Genessee Street
Medford, OR 97504



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Friday, August 16, 2024 10:32 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DPOAs for Multiple States

Paul,

This is a provision put in my DPOA's:

VALIDITY.  I am signing this document in Washington State, but I intend that this Power of Attorney shall be recognized as valid in any other State or Territory of the United States.

No one has told me they have had problems when in other states.

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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 Paul Neumiller
Sent: Friday, August 16, 2024 10:27 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] DPOAs for Multiple States

Anyone??

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 Paul Neumiller
Sent: Wednesday, August 14, 2024 2:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] DPOAs for Multiple States

Listmates, how do you address this situation?  I generally advise estate planning clients to have a Durable Power of Attorney and a Health Care Decisions DPOA using the state of residency because I want the doctors and others who are to act under the documents to accept them and I believe a WA doctor, for example, will more readily accept a DPOA citing WA law.  (And my standard DPOA forms say they revoke all prior DPOAs).  OK, so I have WA clients that have family in TX (the grandchildren) and split a lot of time between TX and WA.  Is it possible to draft the WA DPOAs to say they are good for anywhere and specifically recognize that "clients" do not revoke their TX DPOAs, and will defer to the TX DPOAs if the clients use them in TX?


[cid:image001.jpg at 01DAEFCA.F86323D0]



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240816/55aaca53/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 8030 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240816/55aaca53/image001.jpg>