[WSBAPT] sticky DPOA scenario

[Valerie Ohlstrom]

Krista:

 

I would be happy to talk with you about this situation. A critical decision
that you will have to make is who is your client. I suggest you review RPC
1.14, including the comments.
http://www.courts.wa.gov/court_rules/?fa=court_rules.display
<http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=r
pc&ruleid=garpc1.14> &group=ga&set=rpc&ruleid=garpc1.14. Even if some
incapacity, Mom may be represented and have her wishes recognized.
Challenging waters to navigate.

 

Very Truly Yours,

 

Val

 

Valerie O. Ohlstrom

 

Ohlstrom Law Office

 <mailto:vohlstrom at comcast.net> valerie at ohlstromlaw.com

 <http://www.ohlstromlaw.com/> www.ohlstromlaw.com

(425) 881-5251

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
Sent: Thursday, January 22, 2015 12:15 PM
To: Solo and Small Practice Section; wsba probate & trust
Subject: [WSBAPT] sticky DPOA scenario

 

Hi Everyone,

 

I could use some advice regarding an ethical and substantive dilemma with a
potential client vis-a-vis her daughter who holds DPOA currently effective.
Principal (PC) is consistently saying I don't want my daughter making my
decisions.  PC seems competent over the phone.  Daughter says mom has been
diagnosed with dementia and has no business talking to a lawyer
independently.

 

I think daughter has mom's safety at heart, and is frustrated with mom (who
talks too much and is does have some paranoia, in my experience).  I think
mom would rather stay at home and risk potential accident, etc. than feel
controlled.  I think a sit-down meeting between them could solve the
problems.  But I don't know how to make it happen with daughter thinking
only scum bag lawyer would talk directly to allegedly incompetent mom.

 

If there is someone who has navigated this kind of dynamic before, I would
love to have a conversation.

thank you,

 

 

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com

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