[WSBAPT] Amending a Will While Under Guardianship

[Jami Pannell]

Colleagues:

 

[This question is posed by my practice partner.] We consulted with a
potential client who initially had a guardianship established over him while
he convalesced from a head injury. He eventually recovered from his injuries
and went back to living life almost as independently as before his injury.
He had the court appointed guardian removed and wanted to keep his
guardianship for major financial decisions, so he had his stepdaughter
appointed.  Now he is interested in updating a will he made prior to the
initial guardianship, as well as executing a transfer on death deed. The
resulting changes would be consistent with his original estate plan and our
opinion is that he has the capacity to make these changes and understands
them fully.  I believe this would be in compliance with RPC 1.14.

 

The order appointing the original guardian specifically revoked his right to
make or amend a will, and the new order appointing his stepdaughter is
silent on the issue.  His stepdaughter is also his heir, which may
complicate matters.  Can anyone point to legal support for us drafting a
valid codicil and deed in spite of what the original guardianship order
states?  

 

Any feedback is appreciated.

 

Jami L. Pannell

Attorney & Counselor at Law

 

For email

A Nonprofit Organization

 

1655 Hudson Street, Ste. 1

Longview, WA 98632

 

T: (360) 442-4101

F: (360) 200-6799

 <http://www.3rlaw.org/> 3Rlaw.org

 

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