[WSBAPT] Amending a Will While Under Guardianship

[Roger Hawkes]

There has to be something in the "new" order specifying guardians' powers.  What do they say about old vs. new, or something else.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Jami Pannell [mailto:jamipannell at 3Rlaw.org]
Sent: Monday, May 04, 2015 5:34 PM
To: WSBA Estate Planning Discussion Group
Subject: [WSBAPT] Amending a Will While Under Guardianship

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

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