[WSBAPT] Will signing under RCW 11.92.140

[Michelle Graunke]

I am not aware of any authority that would allow a guardian to execute a
Will on behalf of an incapacitated person.  RCW 11.12.010 is clear that only
a "person of sound mind" can make a Will.

Michelle Lynn Graunke
Attorney at Law
719 Second Avenue, Suite 104
Seattle, WA   98104
(206) 652-4310
Fax:  (206) 223-1702
Toll-Free:  1-888-652-4310
WSBA #28840




_____________________________________________
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeanne Dawes
Sent: Wednesday, August 26, 2015 3:36 PM
To: 'WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com)';
wanaela at mycommunities.naela.org
Subject: [WSBAPT] Will signing under RCW 11.92.140


Greetings,

I'm petitioning the Court for authority for the Guardian to execute a Last
Will and Testament on behalf of an incapacitated person.  If any of you have
done this, I'm trying to figure out how I should set up the Testator
signature and witnesses, and would appreciate any input you may have.  

I'm thinking I should indicate the name of the IP and then state by: jane
doe, guardian, pursuant to Court Order entered under Spokane County Superior
Court Cause No. ________ on 8/31/2015.  

For the witness proof affidavit I'm not sure how to address the fact that
the testator is not of sound and disposing mind.  Do I state that the
Testator is an Incapacitated Person and that the Guardian appeared to be of
sound and disposing mind?  Something like "the testator is an incapacitated
person and the subject of a guardianship in which Jane Doe is the duly
appointed guardian with the authority to execute the Will on behalf of the
IP, and the Guardian appeared to be of sound and disposing mind."

If you have experience with this or some other thought about how it should
be done I would appreciate hearing from you.
Thanking you in advance.

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com
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