Does a Washington Power of Attorney Let You Represent Someone in Court?

A recent unpublished opinion from the Washington Court of Appeals, Stafford Healthcare SeaTac, LLC v. Page, illustrates why it is important to work with an experienced Spokane elder law attorney when it comes to long-term care planning. This sad case involved a dispute over an unpaid nursing home bill. According to the Court of Appeals, Gale Page was a resident at Stafford Healthcare SeaTac in 2021. The facility discharged Page due to alleged non-payment of her bill.

Stafford Healthcare then sued Page to collect the money it said she owed. Sadly, Page died in September 2023. Page’s daughter, Rashida Miller, then tried to respond to Stafford’s lawsuit on her late mother’s behalf. Miller did not hire an attorney. Rather, she signed court documents under her mother’s power of attorney. The court rejected these filings and ultimately entered a default judgment against Page, awarding Stafford Healthcare approximately $23,000 in damages. Miller then tried to appeal, but the Court of Appeals upheld the default judgment.

Agent vs. Licensed Attorney

In estate planning, a person may execute a document known as a “power of attorney.” This grants an agent legal authority to take certain actions on behalf of the principal. Despite the name, however, a power of attorney does not make you someone’s attorney. Unless the agent also happens to be a licensed attorney in the State of Washington, they cannot engage in the “practice of law” or represent their principal in court.

It appears in the Page case, Miller confused her mother’s power of attorney with authorization to act as her mother’s attorney in court. Indeed, a footnote in the Court of Appeals’ decision said there was no document in the record even authorizing Miller to act as her mother’s agent for purposes of litigation. Instead, Miller presented a power of attorney for health care.

This raises another critical distinction. Typically, a person has separate powers of attorney for financial affairs and health care. A power of attorney for health care allows the agent to make decisions regarding the principal’s health care, such as consenting to a particular medical procedure if the principal is incapacitated. A health care power of attorney does not permit the agent to oversee any other aspects of the principal’s property or finances. (Of course, a person can sign separate powers of attorney naming the same person to act as agent in both capacities.)

The most critical consideration, however, is when does a power of attorney cease being effective. Because powers of attorney are based on the principal of agency, when the person granting the power of attorney authority to an agent passes away, the agency relationship is terminated. So, while the court did not need to take up this consideration as no valid power of attorney was presented, they would have held that any valid power of attorney would not have allowed Miller to continue to represent her mother’s affairs after death. A probate would have been needed to appoint an executor to take up the legal fight.

Contact Moulton Law Offices, P.S., Today

Litigation over unpaid nursing home and long-term care bills can impose substantial hardship on elderly patients and their families. In many cases, low-income Washington seniors may qualify for federal assistance in paying for such care through Medicaid. Our experienced Spokane Medicaid planning lawyers are here to help. Contact Moulton Law Offices, P.S., today to schedule a free consultation. We serve clients throughout the Spokane Valley, Kennewick, and Yakima area.

Source:

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