Durable Power Of Attorney For Healthcare

Q.A dire medical situation has arisen with a family member who, several years back, signed and had notarized a General Power of Attorney naming me to handle *all* of their business should the need arise. Now, attempting to act in that person's stead, I'm being told that the document isn't acceptable, that it should have been a Durable POA. Does anyone know if this is the case? (If it makes any difference, I live in Washington state.) The intent of the person giving this POA was for me to "do everything"

A.Check with a WA attorney. The term "durable" generally refers to the ability to endure change... like a failure of mental capacity. I believe WA state has a statutory DPA for HEALTH CARE (AKA an advance health care directive) which can be filled out relatively easily and provides for HEALTH decisions in the event of incapacity, and some incidental powers. However, if it is similar to CA the principle must sign in the presence of witnesses. If the principle is already in a coma, and you have not proper and durable authority for health or business decisions, you might indeed find your documents not 'acceptable'. Check with a local attorney.. if there is something that can be done, they will know what, how and when. Initial consultations are inexpensive, often free, and you will know where you stand and what it takes to get where you need ot go.

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