LAUREL SMITH & ASSOCIATES, P.S. ~ ATTORNEYS and COUNSELORS at LAW 
 
Contact Us
Hours:
8:00 a.m to 5:00 p.m.
Monday through Friday
or by appointment

Phone: (360) 273-5941

Fax: (360) 273-6946

Physical Address:
10109 Highway 12 SW,
Rochester, WA 98579

Mailing Address:
P.O. Box 310,
Rochester, WA 98579

Toll free: Outside Rochester, Centralia and Olympia: (800) 294-1371

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Tips for using powers of attorney
 

Powers of attorney are potent documents which appoint another person--the attorney in fact, or agent--to take certain actions for the maker of the document. Powers of attorney are only effective while the maker is alive, in most cases; powers terminate with the death of the maker. A well-drafted power of attorney can avoid the need for court appointment of a guardian if the maker becomes incompetent. The attorney-in-fact can ONLY perform the acts listed in the power. The acts must be performed to benefit the maker, not the attorney-in-fact.

It is very important for the attorney-in-fact to be able to document all payments made under the power of attorney. One good way to do this is note them in a check ledger, and keep all receipts. The attorney-in-fact may be called upon to justify the expenditures by a court or by Adult Protective Services (APS) which responds to complaints of financial exploitation and investigates and penalizes attorneys-in-fact if it appears that the maker's resources are not being used to the benefit of the maker. This investigation can result in wide-ranging consequences, including listing the attorney-in-fact on a list of "abusers" which can, in turn, lead to loss of licensure for such areas as providing home care.